Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P. and perused the record.
The present application has been filed with the prayer to quash the impugned order dated 09.04.2019 passed by the Judicial Magistrate - First Class, Balrampur in Complaint Case No.696 of 2018 vide which the accused has been summoned for fresh framing of charge under Section 420 and 120B I.P.C. in the aforesaid case including the entire proceedings of the aforesaid case, along with the further prayer to stay the operation and implementation of impugned order dated 09.04.2019.
Learned counsel for the applicants has submitted that the applicants and the complainant belong to the same family tree. He also submitted that the sale deed was executed by the complainant in favour of the applicants on 22.02.2017 in the office of Deputy Registrar, Balrampur and in the said sale deed, there was some dispute in relation to the boundary, then a Regular Suit No.385 of 2017 (Shobha Ram & others vs. Ram Samujh) was filed by the applicants in which the complainant filed the written statement dated 08.09.2017 (appended as annexure No.4 to the application). In the aforesaid written statement, in para No.4, the complainant has categorically stated that the sale deed was executed and sale consideration was received and the possession was handed over to the applicants. Thereafter, the aforesaid suit was decided vide judgment and order dated 19.09.2017 (appended as annexure No.5 to the application). He also submitted that the aforesaid judgment passed by Civil Judge (Junior Division), Balrampur in Regular Suit No.385 of 2017 (Shobha Ram & others vs. Ram Samujh) is not challenged and thereafter, on 03.07.2018 on the basis of concocted facts, the present complaint has been filed with the allegation that on the aforesaid sale deed dated 22.02.2017, the signature was fraudulently obtained from the complainant.
Learned counsel for the applicants has further submitted that the complainant concealed the fact that issue in relation to the boundary was also decided in Regular Suit No.385 of 2017 vide judgment and order dated 19.09.2017 and after recording the statement under Sections 200 & 202 Cr.P.C., the impugned summoning order was passed by the court below. Therefore, kind indulgence of this Court is necessary. He also submitted that he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.
Learned A.G.A. has opposed the prayer of the applicant and submitted that the applicant may appear before the court below and apprise all these facts.
In view of above, it is provided that applicants are permitted to move their discharge applications through counsel within eight weeks' from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
Till the aforesaid period of eight weeks' and during the pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case.
In case of failure on the part of applicants in moving the discharge application within the aforesaid period, they will not be entitled to the benefit of this order.
With the above directions, this application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 S. Shivhare