LAWS(ALL)-2019-7-394

SUNEETA Vs. STATE OF U.P.

Decided On July 16, 2019
SUNEETA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The application under Section 482 Cr.P.C. has been filed by the applicants with prayer to quash the charge-sheet dated 08.10.2004 submitted by Investigating Officer in Case Crime No. C-14/2004 numbered as Charge-sheet no. 154 of 2004 under Sections 419, 420, 467, 468 I.P.C., before the Chief Judicial Magistrate, Jaunpur, Police Station Line Bazar, District Jaunpur.

(2.) Brief facts of this case are as follows:-

(3.) Although, Pappi Devi Singh was charge-sheeted but learned counsel for the applicants contended that another name of Pappi Devi Singh is Suneeta Devi. He further contended that Vijay Bahadur Singh was the father of the applicant no. 1, Suneeta Singh, and was murdered on 05.01.1972 regarding this F.I.R. was lodged by mother (Smt. Parvati Devi) of applicant no. 1 against the respondent no. 3 as well as some other persons. That mother of applicant no. 1 had filed a suit under Section 229-B of U.P. Jamindari Abolition and Land Reform Act before the Sub Divisional Officer, Sadar, Jaunpur as Case No. 653 of 1972, in which suit was decreed ex-parte in favour of Parvati Devi. That the in S.T. No. 105 of 1972 under Section 302 I.P.C., in which she had clearly stated that she was widow of Vijay Bahadur Singh and her daughter is applicant no. 1. Next submitted that Family Register of applicant no. 1, issued by the authority, on 31.03.1973, where the name of Parvati Devi had been mentioned, which shows that she was wife of Vijay Bahadur Singh. That the mother of applicant no. 1 was re-married to another person and due to resultant of this marriage name of mother of applicant no. 1, was struck off in revenue record in respect of the land in question. Afterward, the applicant no. 1 resided with Smt. Chamela Devi (Bua of applicant no. 1).