MANNI ALIAS AFAQ Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) The present application under section 482 Cr.P.C. has been filed for quashing the impugned order dated 7.11.2017 passed by the learned Additional Sessions Judge/Special Judge, E.C. Act, Bareilly in Criminal Revision No. 281 of 2017, Israil Khan and others Vs. State of U.P. and another; Order dated 11.7.2017 passed by the learned Additional Judicial Magistrate-IV, Bareilly and the order dated 29.10.2013 passed by the learned Additional Judicial Magistrate, Court No. 3, Bareilly in Complaint Case No. 2240 of 2012 (Now 1865 of 2016) Smt. Darakhsa Khan Vs. Israil Khan and others, under section 420, 467, 468 IPC, P.S. C.B. Ganj, District Bareilly pending in the court of learned Additional Judicial Magistrate, Court No. 7, Bareilly including further proceedings of the case in pursuance thereof.

(3.) The submission of the learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the present case. The applicant has no concern with the alleged sale deed and he has not got executed forged sale deed in his favour. The alleged sale deed was executed by the complainant in favour of Israil. The applicant is not the beneficiary of the alleged sale deed. The applicant has not committed the alleged offence. In fact, no offence is made out against the applicant. The summoning order dated 29.10.2013 is not in accordance with law. The applicant has moved discharge application before the court below which was dismissed in non presence of applicant on 11.7.2017. The applicant has filed a Criminal Revision No. 281 of 2017 against the order dated 11.7.2017 which was dismissed by the Revisional Court. The judgment and order of revisional court dated 7.11.2017 is not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.