RAM HARI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ishan Deo Giri, learned counsel for the applicants, Sri Manik Chandra Yadav, learned counsel for the O.P. No. 2 and Sri Attreya Dutt Mishra, learned A.G.A. for the State.

(2.) This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 22.02.2013 passed by Judicial Magistrate, Court No. 18, Azamgarh in Criminal Complaint No. 3593 of 2012 (Rajendra Vs. Ram Hari Singh and Others) under Section 466 I.P.C. read with Section 109 I.P.C. It is further prayed to quash the order dated 01.09.2015 passed by Additional Session Judge, Court No. 5, Azamgarh in Criminal Revision No. 48 of 2013 (Ram Hari Singh and Others Vs. State of U.P. and Another). It is further prayed that the proceedings of Criminal Complaint No. 3593 of 2012 be quashed.

(3.) The prosecution case as mentioned by the complainant/O.P. No.2 is that there is enmity between him and the accused applicants. Earlier one Original Suit No. 100 of 1987 by the name Rajbali Vs. Shiv Mangal and others (Shiv Mangal is father of the accused applicants) was contested in which in terms of compromise, judgement and decree was passed where with Commissioner Map was also annexed which is paper no.16 K-2. In the said Commissioner Map, interpolation was made by the applicants after final judgement in the said case in respect of channel (naali). After the commission of said fraud in the said map, the accused applicants filed another Original Suit No. 508 of 1995 against O.P. No.2 and one Ramadhar stating therein that as per the compromise in earlier Original Suit No. 100 of 1987, the applicants were not to flow their rain water through the constructed channel but now the O.P. No.2 was creating obstruction therein and wanted to destroy the said channel (Nali). The allegation made by the O.P. No.2 is that the said map which was part of decree dated 22.03.1993 was tampered with and, thereafter in Civil Suit No. 508 of 1995, the stay order was procured from the Civil Court by the accused applicants, hence on the basis of that fraud, they have committed an offence under Section 466 I.P.C. read with Section 109 I.P.C.