Court No. - 76
Case :- APPLICATION U/S 482 No. - 39476 of 2019 Applicant :- Ambika Devi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Supplementary affidavit filed on behalf of the applicants in Court today is taken on record.
2. Heard Mr. Devendra Kumar Yadav, learned counsel for the applicants and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the order dated 23rd May, 2019 passed by the Additional Chief Judicial Magistrate, Court No. 6, Aligarh in Criminal Case No. 795 of 2019 (State Vs. Kunwarpal & Others) arising out of Case Crime NO. 898 of 2017, under Sections 420, 467, 468, 471, 504 and 506 I.P.C. Police Station-Bannadevi, District-Aligarh as well as the entire proceedings of the aforesaid criminal case.
4. Under the order impugned, the protest petition filed by opposite party no.2, namely, Sameer @ Samid Khan dated 12th November, 2018 against the final report dated 12th June, 2018 has been allowed and the final report has been rejected. Under the order impugned it has also been directed that the present case will be converted into State case.
5. Learned counsel for the applicants submits that the applicant nos. 1, 3, 4 & 5 have purchased a house with a shop area 110 square yard situated in Alhadapur Nivri, Paragana & Tehsil-Kole, District-Aligarh after payment of Rs. 12 lacs to its owner, namely, Kunwar Pal son of Lakhan Singh through a registered sale- deed dated 2nd November, 2016, a copy of which has been enclosed as Annexure-S.A.-1 to the supplementary affidavit filed today. Applicant no.2 is a marginal witness of the aforesaid registered sale- deed. When the applicant nos. 1, 3, 4 and 5 went to take possession over the aforesaid house and shop, opposite party opposed them. Opposite party no. 2 claimed that he is the owner of the aforesaid house and shop as he also purchased the same from one Munni Devi, who was the power of attorney holder of the aforesaid house and shops. Learned counsel for the applicants further submits that the said power of attorney executed in favour of Munni Devi was terminated by the original owner of the aforesaid house and shop, namely, Kunwar Pal son of Lakhan Singh prior to the date of purchasing of the same by the applicants from Kunwar Pal. It is next submitted that on the opposition made by opposite party no.2 from taking possession by the applicants over the house and shop in question, applicant no. 1 Ambika Devi lodged a first information report against opposite party no.2 and three others on 20th April, 2017 which was registered as Case Crime No. 328 of 2017 under Sections 420, 467, 468, 471, 504 and 506 I.P.C.
Learned counsel for the applicants, therefore submits that as a counter blast to the aforesaid first information report, the opposite party no. 2 has engineered the present case by lodging first information report with false and fabricated allegations. Learned counsel for the applicants, therefore, submitted that the present criminal proceedings initiated against the applicants are not only malicious but also amount to an abuse of the process of the Court and the same is civil in nature rather than criminal. It is next contended that the present criminal proceedings have been engineered to wreak vengeance, which is not permissible in view of the law laid down by M/s Eicher Tractor Ltd. and others Vs. Harihar Singh and another, 2009(1)JIC 245 (SC). On the cumulative strength of the aforesaid submissions, it is submitted by learned counsel for the applicants that the proceedings of the above mentioned complaint case are liable to be quashed by this Court.
6. In view of the above, matter requires consideration.
7. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
8. Issue notice to opposite party no.2 returnable at an early date.
9. Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
10. List thereafter.
11. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid criminal case.
(Manju Rani Chauhan, J.) Order Date :- 28.11.2019 Sushil/-