SRIPAT SAHAI Vs. GANPAT SAHAI

JUDGEMENT

(1.) THIS revision is directed against an order dated 9-1-1976 passed by I Additional Sessions Judge, Azamgarh setting aside the order of the Magistrate discharging the accused of the case-the applicants before me-in a case u/Section 218/109 IPC started at the instance of O. P. No. 1 (Ganpat Sahai).

(2.) O. P. No. 1 is the own brother of applicants Sripat Sahai and Ramesh Chandra, Jalpa Prasad was their father. Jalpa Prasad owned some agricultural plots of land in village Chak Muzaffar, Pargana Mahul, Tehsil Phulpur, Distt. Azamgarh. He gifted those plots of land in favour of O. P. No. 1 in October, 1957. O. P. No. 1 then applied for mutation of his name over those plots and his name was mutated in the revenue records. Jalpa Prasad died in June, 1966. In January, 1969 applicants Sripat Sahai and Ramesh Chandra moved an application in the court concerned for setting aside the order mutating the name of O. P. No. 1 over the disputed plots. Their application was allowed on 7-7-1969 and the ex-parte mutation order passed in favour of O. P. No. 1 was set aside. Aggrieved with this order O. P. No. 1 went up in appeal to the court of Commissioner. The Commissioner vide order dated 24-11- 1969 allowed his appeal and set aside the order dated 7-7-1969. Applicant Sripat Sahai and Ramesh Chandra then took up the matter to the Board of Revenue by way of revision and challenged the order of the Commissioner. The Board of Revenue admitted their revision and stayed the operation of the order passed by the Commissioner. While the proceedings in regard to mutation were pending, applicants Sripat Sahai and Ramesh Chandra filed a declaratory suit against O. P. No. 1 u/Section 229-B of the Zamindari Abolition and Land Reforms Act but that suit stood abated because the village in which the disputed plots were situate came under consolidation operations. Thereafter, these two persons filed another suit against O. P. No. 1 for partition of the disputed plots. They, however, withdrew that suit after some time. It is said that while all these cases were going on applicants Sripat Sahai and Ramesh Chandra colluded with applicants Badri Singh Lekhpal and Awadh Narain Lal Supervisor Qanoongo and got fictitious entries regarding the disputed plots made in their favour in the Khatauni of 1378 fasli. This was to the detriment of O. P. No. 1 and, therefore, O. P. No. 1 filed a complaint against all the four persons-Sripat Sahai, Ramesh Chandra, Badri Singh and Awadh Narain Lal u/Section 218/109 IPC. The learned Magistrate recorded the statement of O. P. No. 1 and his witness Vishwanath u/Section 200 CrPC. After going through their evidence and the documents present on the record of the case he felt that no case for conviction against the applicants was made out and he, therefore, discharged them. O. P. No. 1 felt aggrieved with this order of discharge and went up in revision. The revisional court allowed the revision, set aside the order of discharge and directed the Magistrate to proceed with the case in accordance with law after framing proper charges. The applicants have now come up in revision to this Court.