SUKHJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicants Sukhjendra, Virendra Kumar and Smt. Pushpa Singh against State of U.P. and Ashok Kumar with prayer to quash entire proceedings of Criminal Case No. 2285 of 2016, State of U.P. Vs. Sukhjendra Singh and others, arising out of Case Crime No. 373 of 2015, under Sections 120B , 420 , 467 , 468 , 469 , 470 , 471 I.P.C., P.S. Etmadpur, district Agra, pending in court of A.C.J.M., Court No. 9, Agra.

(3.) Learned counsel for the applicants argued that O.P. No. 2 is real brother of applicants 1 to 3. They are sons and daughter of Late Ram Das, who was having four sons and four daughters. They were married. Ashok Kumar, being elder son, was not caring his parents and liability of family because he was in Government job. Then after he seized his relation with family. Mother of applicants executed a registered will deed in favour of Sukhjendra of which Virendra Kumar and Smt. Pushpa Singh are witnesses. Pushpa Singh is their sister and is married at Hathras. Registered will deed executed by mother is still intact. It has not been cancelled by any competent court nor there was any fraud punishable u/s 420, 467, 468, 469, 470, 471 I.P.C . for which charge sheet has been filed and cognizance has been taken. F.I.R. was got lodged by Ashok Kumar with incorrect facts and in the course of investigation his statement along with statements of two other witnesses was got recorded and on the basis of which charge sheet was got filed. Whereas O.P. No. 2 got an exparte order in his favour, which was challenged in a proceeding under Order 9 Rule 13 C.P.C. and it was set aside. The proceeding before revenue authority is pending. Unless succession is being finalised by the court of Tehsildar, the same may not be taken into action. Hence, it was no offence at all, as no ingredients for those offence were there, even then charge sheet, by misuse of process was filed, whereupon cognizance was taken. Hence this application with above prayer.