Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 5438 of 2018 Petitioner :- Jogendra Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kedar Nath Mishra Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Kedar Nath Mishra, learned counsel for the petitioner and the learned A.G.A. for the State.
Supplementary affidavit filed in Court today on behalf of the applicants is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 19.11.2015, passed by the Chief Judicial Magistrate, Court No. 17 Deoria in Complaint Case No. 1791 of 2015 (Jogendra Gupta Vs. Mukesh and Others), under Sections 419, 420, 467, 468, 471 and 120-B IPC, District Deoria. The petitioners have also challenged the order dated 17.2.2018 passed by Additional Sessions Judge/ F.T.C. Court No.28, Deoria in Criminal Revision No. 23 of 2016 (Jogendra Gupta Vs. State of U.P. and Others), whereby the aforesaid criminal revision preferred against the order dated 19.11.2015 has been dismissed.
From the perusal of the order dated 19.11.2015 passed by the Chief Judicial Magistrate, Court No. 17, Deoria, it is apparent that a categorical finding has been recorded therein that the land in dispute is recorded in the name of Mukesh and others. The order of mutation in favour of Mukesh continues to subsist till date. The revisional court has affirmed the said finding upon consideration of the entire material on the record. In view of the aforesaid the complaint made by the petitioner by means of the aforesaid complaint case that the opposite parties have illegally or fraudulently got their names recorded was rightly not accepted by the Court below.
In view of the facts, as noted herein above, no illegality can be attached to the conclusion drawn by the Chief Judicial Magistrate, Court No.17, Deoria or the Revisional Court.
For the reasons given herein above, the present petition fails and is, accordingly, dismissed.
Order Date :- 12.9.2018/Arshad