Court No. - 73
Case :- APPLICATION U/S 482 No. - 19182 of 2021 Applicant :- Praveen Pathak And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Anil Kumar Singh, learned counsel for the applicants, Sri B.K. Maurya, learned A.G.A. for the State and perused the record of the case.
The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet no. 164 of 2020 datd 25.12.2020 arising out of Case Crime No.
108 of 2020 as well as cognizance order dated 16.03.2021 passed by learned Civil Judge, Junior Division/Judicial Magistrate, Court No.16, Azamgarh in Criminal Case No. 180 of 2021 (State Vs. Vajeeh and others), under Sections 419, 420, 506 IPC, Police Station Bilariaganj, District Azamgarh.
Learned counsel for the applicants contended that the present matter is purely of civil in nature and applicants are bona fide purchaser and the allegation of preparation of forged will is against co-accused Saiyyed Vajeeh (not applicant) and he is the person, who executed the sale deed in favour of applicants. Learned counsel for the applicants further contended that opposite party no.2 also filed civil suit for cancellation of alleged forged will before the court concerned, which is still pending, therefore, without any proper investigation, the Investigating Officer wrongly submitted charge-sheet against the applicants.
Per contra, learned AGA contended that the applicants with the connivance of main accused Saiyyed Vajeeh (not applicant) purchased the property, which is not in the name of Saiyyed Vajeeh on the basis of forged will and after investigation, Investigation Officer rightly submitted charge-sheet against the applicants, therefore, present application is liable to be dismissed.
Perusal of the record shows that applicants are bona fide purchaser and the allegation of forgery in respect of will is only against Saiyyed Vajeeh (not applicant) and further opposite party no.2 also filed civil suit challenging the will in dispute before the competent civil court.
Therefore, matter requires consideration.
Issue notice to the opposite party no.2, returnable at an early date.
List in the week commencing 24.01.2022.
In the meantime, learned AGA as well as opposite party no.2 may file their counter affidavits.
Till the next date of listing, further proceedings in Criminal Case No. 180 of 2021 (State Vs. Vajeeh and others), under Sections 419, 420, 506 IPC, Police Station Bilariaganj, District Azamgarh shall remain stayed in respect of the applicants.
Order Date :- 20.12.2021 AK Pandey