UDAI NARAYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. has been filed by Udai Narayan against State of U.P. and two others, with this contention that First Information Report (hereinafter referred to as 'F.I.R.') was lodged on 29.6.2005 regarding the occurrence, which took place on 21.6.2005 at 11:30 A.M. as Case Crime No. 160 of 2005, under Sections 420, 467, 468, 471, 504 and 120-B I.P.C., Police Station Sadar Bazar, District Mathura, against applicant and others, with allegation that applicant in connivance with other persons has prepared a forged will deed on which photo of some other person was pasted and informant has been shown as dead person in forged death certificate and on the basis of same, names were got mutated in revenue records. This was for grabbing the property in question. Police, after investigation, submitted charge-sheet against applicant and other accused persons, whereas registered will-deed was executed in favour of applicant on 7.1.2005, which was annexed as Annexure No. 3 to the affidavit. A Civil Suit No. 186 of 2006 (Pandit Udai Narayan Versus Mahant Ram Swaroop Das) was filed and is still pending in the Court of Civil Judge, Junior Division-VIth, Mathura. Ram Swaroop Das has filed his written statement admitting the case of plaintiff. Opposite party No. 3 has filed an affidavit before the Court of Tehsildar in revenue proceedings on 10.11.1994, stating therein that Kamal Das went at heavenly abode. Present Kamal Das, who had filed this F.I.R., is an imposter. Police has neither recorded the statement nor arrested that imposter and filed this charge-sheet, hence, this petition of quashing the entire criminal proceedings.

(2.) Counter affidavit by State was filed with this contention that F.I.R. regarding execution of forged will by pasting photo of imposter and manufacturing a forged death certificate, thereby, mutation of property in name of accused persons was investigated. Accusation was substantiated and charge-sheet was filed.

(3.) Learned counsel for the applicant argued that it is a civil dispute for which civil suit is pending before the Civil Court, which will decide as to whether the will was forged one or not. The present informant is himself an imposter, whereas Kamal Das, who had executed will, had died for which death certificate is there and revenue Court has mutated the name of applicant, hence, this proceeding is an abuse of process to be seen by this Court under Section 482 Cr.P.C. for giving ends of justice towards petitioner.