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Allahabad High Court · body

2017 DIGILAW 2924 (ALL)

Rajendra Singh Baghal v. State of U. P.

2017-12-14

SHASHI KANT

body2017
JUDGMENT : 1. Heard Sri Murli Manohar Srivastava, learned counsel for the applicant, Sri Maneesh Kumar Singh, learned counsel for opposite party No.2 and Sri Bal Keshwar Srivastava, learned AGA for State of U.P. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of charge-sheet No.138/09 pertaining to Case No.2495 of 2009 (State Vs. Ravi Prakash Srivastava & ors.) arising out of Case Crime No.142 of 2008, under Sections 420/34, 467, 468, 471, 447 IPC, P.S. Maholi, District Sitapur pending in the Court of Judicial Magistrate-I, Sitapur, contained as Annexure 1 to the affidavit, as well as summoning orders dated 03.09.2009 and the order dated 15.07.2011 so far as it relates to the applicants (Annexures 2 and 3 to the affidavit) as also entire proceedings of the aforesaid case. 3. Learned counsel for the applicants contends that by reply of the notice issued by the opposite party no.2, applicants have informed him by way of reply that they are living at Lucknow and has no concern with the disputed land. In these circumstances, application deserves to be allowed and the charge sheet is liable to be quashed. 4. Learned AGA as well as learned counsel for opposite party no.2 opposed the above contentions of counsel for the applicants by submitting that role of applicants in the alleged crime is of conspiracy in preparation of forged gift deed in respect of disputed land as such their application is misconceived and liable to be dismissed. However on repeated queries of the Court, they could not show any evidence or material against the applicants regarding any role of conspiracy in preparation of the above referred gift deed. 5. In view of the above the application is allowed. The charge-sheet No.138/09 dated 24.07.2009 pertaining to ) arising out of Case Crime No.142 of 2008, under Sections 420/34, 467, 468, 471, 447 IPC, P.S. Maholi, District Sitapur pending in the Court of Judicial Magistrate-I, Sitapur, contained as Annexure 1 to the affidavit, qua the applicants, is hereby quashed.