- (1.) K. N. Sinha, J. By means of present application under Section 482 Cr. P. C. , the applicant has prayed for quashing of the proceeding of Criminal Case No. 3572 of 1997, Suruj v. Smt. Saroj Devi and others, under Sections 420, 467, 468 and 471 I. P. C. Police Station Kasya, District Kushi Nagar.
(2.) THE brief facts, giving rise to this application, are that respondent No. 2 filed an application under Section 156 (3) Cr. P. C. before the Additional C. J. M. Kasiya. It appears that it was treated as complaint case and the Magistrate, after examining two witnesses under Section 202 Cr. P. C. , summoned the applicants as accused, by his order dated 17-8-1999, which is Annexure-4 to the application. This order has been challenged on the ground that no case is made out by the evidence adduced by the complainant, and respondent No. 2 is an imposter and has somehow managed to procure the residence certificate on the basis of which, he filed the application. Counter affidavit was filed on behalf of respondent No. 2 and rejoinder affidavit was filed by the petitioner.
(3.) COUNTER affidavit was filed on the ground that the statement of two witnesses was recorded under Section 202 Cr. P. C. , which shows that the applicants, with mala fide intention to grab the property, prepared a false will showing the respondent No. 2 to be dead and moved Tahsildar to get the name of applicant No. 1, mutated. The respondent No. 2 had no remedy except to approach the Court and the Court has passed the said order after being prima facie satisfied. In the rejoinder affidavit the contents of the petition have been reiterated. I have heard learned counsel for the applicants and learned A. G. A. Sri R. K. Sahi, learned counsel for respondent No. 2 did not turn up to argue the case.;