INDRA KAUSHIK Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Akhilesh Srivastava, learned counsel for the accused-revisionist and Sri Raj Kumar Kesari, learned counsel for opposite party no. 3 to 6 and Sri G.P. Singh, learned A.G.A.

(2.) This Application under Section 482 Cr.P.C. no. 27977 of 2015 has been moved by the applicants for quashing the order dated 04.09.2015 passed by opposite party no. 2 in Case No. 1 of 2005( Ramesh Kumar vs. Indra Kaushik, P.S.. Hapur, District Hapur under section 146 (1) Cr.P.C. by which the house in dispute no. 1607 has been attached.

(3.) The facts of this case as per affidavit filed in support of the application are that the opposite party no. 3 (1st Party before the opposite party no. 2 SDM Hapur) had filed an application stating that Indra Kaushik wife of Late Ravindra Kumar, resident of 114/4, Arya Nagar, Suraj Kund Road, Meerut, P.S. Civil Lines, was married to Dr. Ravindra Kumar Sharma, son of Rajesh Dayal Sharma, who is alive. Their daughter Shivangi was married to Nitin Kumar Sharma, son of Prem Kumar Sharma resident of Bhatipura, P.S. Kithaur, district Meerut about 2-3 years ago. Opposite party nos.3's brother's name was also Ravindra Kumar Sharma, who had died 18 years ago regarding which applicant no. 1 had full knowledge but in order to usurp the property of his deceased brother she, despite her husband being alive, showed him dead and got forged Adhar Card prepared and with the help of the same got her name registered in the revenue papers/records on the house no. 1670, Devlok Colony, Hapur of his deceased brother. She also sold this house in a forged manner in favour of Indrajit Singh, the applicant no. 3, Satendra applicant no. 2 both sons of Sukhpal Singh, residents of village Tatarpur, District Hapur and Sumit Kumar, applicant no. 4 son of Sukhvir resident Allipur Maghalpur, Hapur despite she having no right to alienate the said property. The cost of the said house was Rs.40.00 lacs but the same was sold for a meagre amount of Rs.14.00 lacs regarding which he had made a complaint concerning less stamp having been used in the said transaction on 26.5.2015. The applicant no. 1 was a Assistant Teacher in village Phapura but has been shown falsely to be house wife in Adhar Card. Her son Shivanshu has been shown as a business man in Adhar Card while he was student of Class XII. Her daughter Purnima has been shown as a house wife though she was a student. Thus, in a forged manner, after getting the false Adhar Card prepared, the sale deed was executed regarding which a complaint was made by the opposite party no. 3 and his other brothers at P.S. Kotwali, Hapur but his report was not lodged, hence an information was sent to higher authority in this regard but even then no action was taken. The anti-social elements have grabbed the entire house hold-goods which were kept in the said house and have taken possession of the same and when he resisted, he was being given threat to life, therefore, he prayed in this application that the house belonging to the opposite party no. 3, which has been sold by committing fraud by applicant no. 1, Indra Kaushik, should be returned to opposite party no. 3.