Court No. - 49
Case :- APPLICATION U/S 482 No. - 9318 of 2020
Applicant :- Nurul Hoda And 12 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arun Kumar
Counsel for Opposite Party :- G.A.,Manvendra Narain Pathak
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned counsel for the O.P. No.2, learned A.G.A. for the State and perused the record.
This Application U/s 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 07.10.2019, the summoning order dated 18.01.2020 and the entire proceedings of Case No. 77 of 2020 (State Vs. Nurul Hoda and Others) arising out of Case Crime No. 331 of 2016 under Sections 419, 420, 467 and 468 I.P.C., P.S. Salempur, District Deoria pending in the Court of Additional Chief Judicial Magistrate, Room No. 19, Deoria.
Submission of learned counsel for the applicants is that applicants have been falsely implicated in this case; certain plots situated in Village, Jamua, Tehsil Salempur, District Deoria were recorded in the names Shamsher, Abdul Rajjak, Abdul Gaffar, Riasool, Amiran Bibi in the Khatauni of 1359 Fasli in the revenue records. The recorded tenure holders of the aforesaid plots went to Pakistan and became its residents. The aforesaid plots were notified as Evacuee Property under the Administration of Evacuee Property Act, 1950. Plot Nos. 372/2, 373, 375 and 375-B were purchased by Abdul Rasheed S/o Saleem, the father of applicant nos. 1, 2, 3, 4 and 5 in public auction on 26.03.1970. Plot Nos. 403, 224, 100, 400/1, 334, 369/1 were purchased by Manuruddin son of Salim predecessor in the interest of applicant nos. 6 to 13 in public auction on 27.04.1971. Plot Nos. 96/1, 142/8, 54, 374, 53, 116/2, 163, 95/1 and 127 were purchased by Sri Azimuddin S/o Muharam Ali and Smt. Rashidan D/o Mahbali, the predecessor in the interest of O.P. Nos. 2 and 3, in public auction on 27.04.1973. The old plot nos. 403 (area .19 Acre), 224 (area .18 Acre), 100 (area .36 Acre), 400/1 (area .27 Acre), 334 (area .27 Acre), 369/1 (area . 12 Acre), 372/2 (area .24 Acre), 373 (area .66 Acre), 375 (area . 38 Acre), 375-B (area .01 Acre) now comprised in new plot nos. 232 (area .717 hectare), 323 (area .049 hectare) and 271 (area . 089 hectare), was the bhumidhari land of the applicants purchased by their predecessor in the interest from the Assistant Custodian Evacuee Properties, Lucknow. After the consolidation proceedings, the new plots were recorded in the name of Subedar S/o Deen Ali, Rasheedan W/o Subedar, alongwith Abdul Rasheed and Manurddin S/o Saleem.
Applicants moved an application under Section 34 of the U.P. Land Revenue Act for correction of the Revenue Records, for recording their names on the basis of the Sale Certificates issued on 26.03.1970, 27.04.1970 and 27.04.1973. The Tehsildar (Judicial), Salempur by his order dated 24.07.2013 passed in Case No. 1836 of 2013, directed to expunge the name of the Nasrullaha and Sagir S/o Subedar and the names of the applicants be recorded over the plots in question. Tehsildar by an another order dated 03.08.2013 directed that his earlier order dated 24.07.2013 shall be read in respect of Plot No. 342 also as it has been carved out from the old plot no. 400/1 which was also part of the sale certificate issued in favour of the applicants.
Sagir S/o Subedar filed Appeal No. 75 under Section 210/211 of Land Revenue Act, challenging the order of the Tehsildar dated 24.07.2013 and 3.08.2013 before the Deputy District Magistrate, Salempur, District Deoria. The aforesaid appeal was allowed and Tehsildar was directed to make verification of the public auction held on 26.03.1970, 27.04.1971 and 27.04.1973 from the office of the Assistant Custodian, Lucknow, Uttar Pradesh and Ministry of Labour and Rehabilitation, Government of India and if, any fraud or forgery is discovered then legal proceeding be drawn against the Opposite Parties. Applicants filed Revision No. 2048/LR/2013-14 before the Board of Revenue, U.P., Lucknow challenging the order of Deputy District Magistrate, Salempur. The Board of Revenue, by its order dated 19.02.2015 stayed the proceeding before the trial court. After several communications, Tehsildar has submitted its report dated 09.07.2015 to the Additional District Magistrate (Administration) Deoria recommending an action against the applicants in pursuance of the order dated 06.08.2014. Additional District Magistrate vide its letter dated 21.11.2016 directed the Deputy District Magistrate, Salempur to get the F.I.R. lodged against the applicants under the relevant provisions. Pursuant to that letter, an F.I.R. dated 22.12.2016 under Sections 419, 420, 467, 468 I.P.C., P.S. Kotwali Salempur, District Deoria was registered as Case Crime No. 0331 of 2016.
Learned counsel for the applicants further submitted that allegations made in F.I.R. and evidence collected during investigation, even if taken on their face value and accepted in their entirety, even then, they do not make out an offence under Sections 419, 420, 467, 468 I.P.C. Further submitted that entire criminal proceeding has been initiated in pursuance of the observation made by Deputy District Magistrate, Salempur in its order dated 6.08.2014 directing the Tehsildar to make investigation regarding validity of sale-certificates dated 26.03.1970, 27.04.1970 and 27.04.1973 and take legal action if found to be forged. Learned Additional Chief Judicial Magistrate, Court No. 19, Deoria took cognizance of the charge-sheet and issued summons against the applicants without application of mind. Criminal proceedings against the applicants are abuse of process of law and there are no criminal antecedents of the applicants. Learned counsel for the applicants relied upon the judgements of this Court passed in Crl. Misc. Writ Petition No. 4136 of 2021 and 12488 of 2020.
Learned A.G.A. opposed the prayer of applicants and contended that disputed questions of fact have been raised by learned counsel for the applicants. Validity of the sale-certificates is in dispute. This Court in proceedings under Section 482 Cr.P.C. cannot embark upon an enquiry with regard to the truthfulness of the facts alleged in the petition.
In M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharastra and Others, 2020 SCC Online SC 850, the Hon'ble Apex Court has held:
"iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the rarest of rare case (not to be confused with the formation in the context of death penalty).
v) While examining an FIR/complaint, quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule."
Following other authorities can be cited on the aforesaid point:
R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604.
Perusal of the record reveals that an F.I.R. was lodged against the applicants in Crime No. 0331 of 2016 in P.S., Salempur, District Deoria under Sections 419, 420, 467 and 468 I.P.C.
wherein it has been specifically stated that sale-certificates dated 26.03.1970, 27.04.1970 and 27.04.1973 are forged and fictitious. After investigation, police submitted charge-sheet against 13 persons excluding Badrudoza who died since then. Thereafter, learned Magistrate on 18.01.2020 passed cognizance order and summoned the applicants to face the trial.
Whether the statements of witnesses recorded during investigation is worth of credence or not and whether sale- certificates dated 26.03.1970, 27.04.1970 and 27.04.1973 are fictitious/forged or not is a question of fact which cannot be determined by this Court in proceedings under Section 482 Cr.P.C.
Rulings referred by learned counsel for the applicants, do not apply to the facts of the present case as this Court cannot record finding about the truthfulness of the alleged sale-certificates.
In view of the above, I am of the considered view that this Application u/S 482 Cr.P.C. is devoid of merits and is liable to be dismissed and is accordingly, dismissed.
Order Date :- 6.10.2021/A. Mandhani