U.S.TRIPATHI, J. - (1.) HEARD Sri Anil Kumar Srivastava learned counsel for the applicants and Sri Syed Wajid Ali, learned counsel for the opposite party No. 2 and learned A.G. A. appearing for the opposite party Nos. land 3.
(2.) IN this proceeding under Section 482, Cr.P.C. quashing of complaint in Case No. 754 of 1998, Ramzan Khan v. Qadir Khan and others, pending in the Court of Second Additional Chief Judicial Magistrate, Banda has been sought. The opposite party No. 2 filed a complaint against the applicants under Sec­tions 419,420, 323,504,363 and 365,1.P.C. with the allegation that on 3-9-1994 at about mid night the applicants raided his house and forcibly abducted Smt. Barkatiya his widowed aunt and wanted to get sale-deed executed by some imposter in order to grab the property of Smt. Barkatiya. The learned Magistrate on considering statement under Sections 200and 202, Cr. P.C summoned the applicants on the said complaint.
(3.) THE learned counsel for the ap­plicants pointed out that the opposite party No. 2 had filed suit No. 676 of 1994 in the Court of Munsif, Banda for cancella­tion of saledeed 21-9-1994 allegedly executed by Smt. Barkatiya. In the said suit he set up another story. I have perused the photostat certified copy of the plaint and above suit No. 676 of 1994. In para 5 of the said suit, the opposite party No. 2, plaintiff of said suit, has clearly alleged that Smt. Barkatiya was an illiterate old lady. She had no issue and was residing with him till her death and the impugned sale deed was obtained by some imposter.;