KSHETRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rakesh Pande, learned Senior Counsel assisted by Sri K. S. Chauhan, learned counsel for the applicants, Sri J. P. Singh, learned counsel for the informant and learned A. G. A. for the State.

(2.) The present application under Section 482 Cr. P. C. has been filed for quashing the charge-sheet dated 04. 07. 2019 submitted in Criminal Case No. 122/2019 arising out of case crime no. 0045/2019, under Sections 419 , 420 , 467 , 468 , 471 , 506 IPC, police station Patiyali, District Kasganj and cognizance order dated 19. 09. 2019 passed by Chief Judicial Magistrate, Kasganj as well as entire proceedings of the aforesaid case.

(3.) It has been argued by learned Senior Counsel for the applicants that no prima facie case is disclosed against the applicants. It has been argued that applicant no. 1 is a bona fide purchaser of plot no. 354-k area 0. 464 hectare situated at railway station Dariyavganj and he has purchased the said plot from Bijendra Lal on 18. 09. 2013, before that it was registered in the name of said Bijendra Lal. Similarly, applicant nos. 4 and 5 are marginal witnesses of alleged sale-deed. It was submitted that Smt. Surja Devi and Divari Lal are the owner of Gata No. 329 and perusal of the sale-deeds dated 17. 09. 1968 and 02. 04. 1987 show that informant has purchased the land of Gata no. 329-M from Smt. Surja Devi and Diwari Lal, whereas applicant no. 1 has purchased the land of Gata No. 354-k from Bijendra Lal. It was submitted that only for the purpose of grabbing the property bearing Gata No. 354-K, which is adjacent to Gata No. 329-M, informant has falsely implicated the applicants in the present case. It was further submitted that applicant no. 1 has filed a civil suit (no. 26/2019) before the court of Civil Judge (S. D. ), Kasganj on 06. 02. 2019 with regard to dispute regarding Gata No. 354-Ka area 0. 646 hectare and in the said suit, an order of status quo was passed by the court on 11. 02. 2019 and the said suit is still pending for consideration before the concerned court.