Decided on May 01,2013

Patap Singh And Another Appellant
State Of Uttarkahand And Anothe Respondents


- (1.) The applicants, by way of present application under Sections 482 Cr. P.C., seek to quash the order dated 28.04.2007, passed by the Court of Special Judicial Magistrate (II), passed in criminal case no. 1562 of 2006.
(2.) A complaint was filed by respondent no. 2 Bheem Singh against the accused-applicants Pratap Singh and Praveen Kumar. The statement of the complainant under Section 200 Cr.P.C. and the statements of the witnesses under Section 202 Cr.P.C. were taken on different dates. Thereafter finding a prima facie case against the accused persons, they were summoned to face the trial on 28.04.2007, in respect of offences punishable under Sections 467, 468, 402 IPC and 120-B IPC. Aggrieved against the said order, present criminal application under Sector 482 Cr.P.C. was moved.
(3.) Learned counsel for the applicants contended that the applicants are step brothers. The mother of both the applicants was Smt. Parwati Devi, who was the owner of the land bearing khasra nos. 658 and 659. This entire land (land in question) was purchased by Smt. Parvati Devi from one Smt. Premwati Devi vide Sale Deed dated 17.10.79. Thereafter Smt. Parvati Devi sold the aforesaid piece of land to Smt. Pushpa Devi by a Sale Deed dated 29.05.1999. Due to bona fide misstate, one khasra no. was left to be incorporated in the sale deed dated 25.09.1991. In the sale deed the land bearing khasra no. 658 was shown sold by Smt. Parvati Devi. Since Parwati Devi sold the entire land measuring 3.1 acre in which .19 acre belonged to khet no. 658 and .12 acre belonged to khet no. 659, therefore, in sale deed dated 29.09.1991, both these facts should have been disclosed which were not disclosed. Land measuring .12 acre was adjacent to khet no. 658. When it was revealed that the correct measurement of land in question could not be shown in the sale deed dated 29.05.1991, Smt. Prarvati Devi executed a correction deed on 06.08.1991. Thus the mistake which was committed earlier, was rectified. Since then, Pushpa Devi along with Lal Singh were continuously in peaceful possession over the entire land measuring 0.31 acre.;

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