Allahabad High Court
Sayyada Khatoon And Another vs State Of U.P. Thru. Prin. Secy. ... on 10 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 6433 of 2023
Applicant :- Sayyada Khatoon And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Deptt. Home Affairs Govt. U.P. Lucknow And Another
Counsel for Applicant :- Mohiuddin Khan
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the impugned Chargesheet dated 09-12-2022(Annexure No. 1), the impugned cognizance/summoning order dated 25-04-2023(Annexure No. 2) and the entire subsequent proceedings arising out of Case No. 4145/2023, arising out of Crime No. 61/2022, tilted as State of U.P. Vs.Mohd. Abbas & Others, under section 420 of the I.P.C., Police Station-Jalalpur, District-Ambedkar Nagar,pending in the court of learned Chief Judicial Magistrate, Ambedkar Nagar.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant matter. He next added that the present applicants have purchased the land from the brother of the complainant as the name of the brother of the complainant was recorded in the revenue record and thus, under the bonafide belief that he is owner of the aforesaid land, they purchased the same. He further submits that infact there is material contradiction in the facts narrated in the application filed under section 156(3) of Cr.P.C. as well as the plaint of mutation before the Tehsildar, Tehsil-Jalalpur, District-Ambedkar Nagar. He next submits that infact a civil suit for cancellation of the registered sale deed is pending before the trial court at Ambedkar Nagar and further a case of mutation is also pending. He next added that infact the present dispute is civil in nature and that is being given colour of criminality.
In support of his contentions, learned counsel for the applicants has placed on the Judgments of the Apex Court reported in (2019) 16 SCC 739, Prof. R.K.Vijayasarathy Vs. Sudha Seetharam, 2022 SCC Online SC 137, Smt. Rekha Jain and another Versus State of U.P. and another, 2023 SCC Online SC 210, Sarabjit Kaur Vs.State of Punbaj and another, 2021 SCC Online SC 942, Randheer Singh Vs.State of U.P. and Others, AIR 2001 SC 2802, N.Kamalam(Dead) and another Vs. Ayyasamy & Another.
He thus, submits that the case of the present applicants is squarely covered with the ratio of judgments aforesaid and the criminal proceedings against the present applicants may be quashed.
On the other hand,learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the present applicants with fraudulent intent, has purchased the land which was infact not registered in the name of the seller. He added that after thorough investigation, it was found that the applicants were involved in committing aforesaid offence and thus, the chargesheet was filed and the learned Magistrate has rightly taken cognizance and issued the summons against the present applicants. Thus, submission is that no interference is warranted in the matter.
The matter requires consideration.
Let notice be issued to opposite party no. 2 returnable at an early date.
Steps be taken within a week.
List/put up this matter in the third week of August, 2023.
In the meantime,learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.
Till the next date of listing, the proceedings initiated in pursuance of Chargesheet dated 09-12-2022(Annexure No. 1), the impugned cognizance/summoning order dated 25-04-2023(Annexure No. 2) and the entire subsequent proceedings arising out of Case No. 4145/2023, arising out of Crime No. 61/2022, tilted as State of U.P. Vs.Mohd. Abbas & Others, under section 420 of the I.P.C., Police Station-Jalalpur, District-Ambedkar Nagar,pending in the court of learned Chief Judicial Magistrate, Ambedkar Nagar, shall remain stayed so far as the present applicants are concerned.
Order Date :- 10.7.2023
AKS
