Court No. 45
(Reserved)
Criminal Misc. Application No. 20450 of 2009
Dev Swaroop……………………………………………………………………………….Applicant
Vs.
State of U.P. and another……………………………………………………….Opposite Parties
Hon. Ram Autar Singh
Heard Sri V.D. Agarwal, learned counsel for the applicant, learned AGA for
O.P. No. 1 and perused the record.
This application has been moved under section 482 Cr.P.C. with prayer to
quash the order dated 8.5.2009, passed by Special Judge (Anti Dacoity Area), Etah
in Criminal Revision No. 156 of 2004 and order dated 29.3.2004, passed by Chief
Judicial Magistrate, Etah and also quash the proceedings of Criminal Case No. 3491
of 2002 (State Vs. Guljari and others), arising out of case crime no. 442 of 2002,
under sections 420, 467, 468, 120-B IPC, P.S. Patiyali, District Etah.
The brief facts of the case as stated in the FIR are that O.P. No. 2, Than
Singh moved an application under section 156 (3) Cr.P.C. against applicant and six
other persons on 3.8.2002 and in compliance of order passed by Magistrate, the
case was registered at crime no. 442 of 2002 at P.S. Patiyali. Earlier similar
application was also moved on 19.6.2002, which was dismissed on 3.7.2002, but
O.P. No. 2 again moved above application under section 156 (3) Cr.P.C. and the Chief
Judicial Magistrate directed SHO Patiyali to register the case on the basis of which
FIR was lodged. On 27.3.2002, O.P. No. 2 got a sale deed executed by Maharani
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impersonating her as Somwati Devi, daughter of Sri Jodhi, wife of Guljari Lal with
regard to Gata No. 531/0.433 and 533/0.283, area 0.716 hectare, situated in village
Tarsi, Pargana Nidhpur, Tehsil Patiyali, District Etah, while a sale deed in respect of
said land was executed by real Smt. Somwati daughter of Jodhi, widow of Mangli in
favour of applicant on 5.4.2002, who was real mother of the applicant. The applicant
filed civil suit no. 467 of 2002 (Dev Swaroop Vs. Than Singh and others) against O.P.
No. 2 and others in the court of Special Judge (SD) Etah for declaring the said sale
deed to be null and void. The applicant filed copy of voter list and Kisan Credit Card
issued in favour of Smt. Somwati Devi in support of his averments, and the Tehsildar
Patiyali rejected the application of O.P. No. 2 with regard to transfer of land. In the
year 2005 Maharani expired and in the year 2006 Guljari also expired. The applicant
moved the application for substitution in original suit no. 467 of 2002 and the civil
court allowed the said application for substitution in civil suit. The police in
connivance with O.P. No. 2 submitted chargesheet against the applicant within a
period of eight days without examining the witnesses and learned Magistrate also
took cognizance thereon without applying his mind. The applicant then moved an
application before the Magistrate along with all relevant documents, but the Chief
Judicial Magistrate Etah rejected the said application, aggrieved by which the
applicant filed Criminal Revision No. 156 of 2004, which was also dismissed by
Special Judge (ADA) Etah vide order dated 8.5.2009 without applying his mind. The
applicant then moved a complaint against O.P. No. 2, under sections 463, 465, 467,
468, 471 IPC on 18.3.2008 with regard to quash the sale deed which was got
executed by him by a fictitious lady Maharani impersonating her as Somwati Devi.
The Sub Divisional Magistrate, Patiyali, District Etah also passed judgment and order
dated 27.12.2000 in case no. 53, under section 210 Land Revenue Act, which was
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evident to show that applicant was a real son of Mangli and Smt. Somwati was his
real mother.
The applicant also filed all the documents in support of his affidavits on the
basis of which a prima facie case is made out in his favour for interference in the
orders in dispute.
In view of the facts and circumstances of the case, application moved under
section 482 Cr.P.C. is liable to be decided on merits after hearing both the parties.
Issue notice to O.P. No. 2, returnable within four weeks.
Let counter affidavit be filed within four weeks. The applicant may also file
rejoinder affidavit within two weeks thereafter.
List thereafter.
Proceedings of Criminal Case No. 3491 of 2002 (State Vs. Guljari and others)
pending in the court of Chief Judicial Magistrate, Etah shall remain stayed till the
next date of listing.
Dated: 8.1.2010
AR
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