- (1.) Heard Sri Mohd. Babar Khan, learned counsel for applicant and learned A.G.A. for State.
(2.) This application under Section 482 Cr.P.C. has been filed praying for quashing of summoning order dated 21.10.2020, non bailable warrant dated 10.10.2011 and entire proceedings in Criminal Complaint Case No. 514 of 2009, under Sections 467 , 471 I.P.C., Police Station Shahabad, District Hardoi pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Hardoi.
(3.) It is contended that no offence is made out from the material on record. Copy of the application filed under Section 156(3) Cr.P.C., which has been treated as complaint, is on record as Annexure-2 and it reads as under: ....[VARNACULAR TEXT OMITTED].... "Sir, It is submitted that the grandfather of the applicant namely Nanhu son of Ramju, resident of Mo.- Nagar, Kasba- Pihani, District- Hardoi had died in the year 1964 and his agricultural land Gata Number 442 was succeeded to his heirs Hayeedulla Sakrulla Alimulla and Saifulla and Lalai and Nanhe during consolidation and the land and house beyond consolidation was registered in the name of applicant's father namely Muneer as heir in the year 1966 by the order of Consolidation Officer vide his order dated 30.12.64. The opposite parties are forge type persons who had prepared a fake registered will dated 20.2.1990 of Nanhu son of Ramju, showing him alive, for Gata Number- 316 situated at village- Pihani under Nagar Palika (Municipality) and shown fake signature of applicant's father Muneer Ahmad and signature of applicant's cousin Shameemuddin son of Anwar as witness of margin, in that will and their forged signatures have been made. The opposite party number-4 is the writer of this fake will. The opposite parties, under a planned conspiracy, presented fake witnesses in Tahsil Shahabad on the basis of this fake will and got mutated the Gata Number 316 in their names on 15.3.1996 which was in the name of Nanhu son of Ramju, without information. On getting the information whereof the applicant presented all the documents in Tahsil Shahabad and on the basis of aforesaid papers the Tahsildar Shahabad found the will fake on 30.6.08 and in consequence cancelled the order dated 15.3.1996 and got entered again the names of applicant and applicant's father as the heirs of deceased Nanhu. Thus the opposite parties got prepared forged will at Tahsil Shahabad and having intention of forgery and cheating, presented aforesaid papers. The original fake will is available in the record of Case No.- 13/540, Achchan Khan versus Nanhu, in the court of Tahsildar Shahabad. On 12.8.08, the applicant had given application against the opposite parties to Superintendent of Police, Hardoi by post and to District Magistrate, Hardoi through Lokwani for registering case for committing forgery and cheating. Despite being a serious case of forgery and cheating, neither the report of the applicant has been registered nor any investigation is being made. The application sent to Superintendent of Police Hardoi alongwith Reg. Receipt, Lokwani application order dated 30.6.08, photocopy of fake will, photocopy of the khatauni in which the entries of the order for deletion of names of opposite parties and occurrence of death of Nanhu son of Ramju in the year 1964 in consolidation- are entered, photocopy of the earlier order dated 15.3.83 passed on the basis of fake will and photocopy of Intekhab Khatauni year 1996, are enclosed. Therefore your goodself is requested to kindly direct the Station Officer, Police Station- Shahabad to register/lodge the report of the applicant and investigate." (English Translation by Court) ;