ASHOK KUMAR MISHRA Vs. PANKAJ SINGH AND ANOTHER

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under section 482 of the Code of Criminal Procedure filed on behalf of petitioner/accused Ashok Kumar Mishra for quashing the proceedings in Complaint Case No.27/2004 pending before Chief Judicial Magistrate, Rewa under sections 465 and 193 of the Indian Penal Code.

(2.) The facts necessary for disposal of this miscellaneous criminal case may briefly be states thus: One Bhagwat S/o Gayadeen was Bhoomiswami of Survey Nos. 61, 62, 63, 64, 65, 66 & 203 situated in village Bankuian, Tehsil Huzoor, District Rewa. After the death of Gayadeen, the land was mutated in the name of his widow Indrawati and daughter Phoolwati in the year 1991-1992. Indrawati and Phoolwati sold the aforesaid land, except Survey No.203, to one Devraj Singh and complainant Pankaj Singh by registered sale deed. Accordingly, the names of Devraj Singh and Pankaj Singh were mutated in place of Indrawati and Phoolwati on aforesaid land on 06-01-1994. Accused no. 2 R.P. Upadhyay was posted as Tehsildar Hazoor, District Rewa, in the year 1993. In order to usurp aforesaid land, Accused no. 1/petitioner Ashok Kumar Mishra filed an application for getting his possession recorded on aforesaid lands in Court of R.P. Upadhyay on the basis of an un-registered and forged mortgaged deed dated 16-02-1986, in the sum of Rs.35,000/-, allegedly executed by previous Bhoomiswami Bhagwat in his favour.

(3.) It was further submitted that petitioner Ashok Kumar Mishra did not take any proceedings in a Court of law on the basis of aforesaid forged mortgaged deed from the year 1986 to the year 1993. Meanwhile, Bhagwat had executed a registered Will dated 17-05-1990 in favour of his daughter Phoolwati wherein it was specifically mentioned that aforesaid land is entirely free of all encumbrances and has neither been sold nor been mortgaged anywhere. It was also alleged that petitioner Ashok Kumar Mishra, after the death of Bhagwat, had forged aforesaid mortgage-deed by putting thumb impression of someone else impersonating for Bhagwat.