Surendra Kumar, J. - (1.) HEARD Sri V. Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
(2.) THE instant application under Section 482 Cr.P.C. has been filed by Pyare Ram who is an accused in the trial Court with the prayer that the impugned order dated 15.11.1999 passed by the Sessions Judge, Chandauli in Criminal Revision No.8 of 1999 Smt. Parwati Devi Vs. State of U.P. and others, be quashed as the entire proceeding initiated against him is abuse of the process of the Court. It appears that the Civil Judge (Junior Division)/ Judicial Magistrate, Chandauli, dismissed the complaint vide order dated 10.6.1999 (Complaint Case No.1029 of 1998 Smt. Parwati Devi Vs. Pyare Ram and another under Sections 465, 468, 471 IPC, Police Station Syyed Raja, District Chandauli), filed by Smt. Parwati Devi, opposite party no.2 herein under Section 203 Cr.P.C. on the ground that no prima facie case against the accused persons appears to be made out as genuineness of the sale deed in question can be decided by the Civil Court in civil suit and affidavit filed in the court of the Naib Tehsildar seeking mutation on the basis of the said sale deed, was filed by Smt. Parwati Devi or by some impostor, was also to be decided after expert opinion.
(3.) THE complainant Smt. Parwati Devi filed the complaint in the trial Court/ Judicial Magistrate, Chandauli, on 3.9.1998 with the allegations that the disputed land namely Khasra No.21 measuring area 62 -1/2 acres situated in village Ramaupur, Police Station Syyed Raza, District Chandauli, was in the ownership of her father Birjoo. Her father Birjoo executed the sale deed of the land on 26.6.1998 in favour of the accused persons namely Pyare Ram and Manoj Kumar though he was not legally authorized to sell the said land. The purchasers of the land/accused persons filed the case for mutation of the said land in their favour on the basis of the sale deed in the Court of the Naib Tehsildar, Syyed Raja, District Chandauli.;