- (1.) This is a petition under Section 482 Code of Criminal Procedure, 1973 (in short the Code) invoking inherent jurisdiction of this Court with a prayer to quash the charge-sheet and the entire proceedings arising out of Case Crime No. 279 of 2004 under Section 419, 420, 467, 468 I.P.C. Police Station- Sarai Khwaja District- Jaunpur.
(2.) The facts of this case in brief are that the Opposite Party No. 2 lodged F.I.R. on 16.5.2005 relating to an incident of alleged forgery in the revenue map relating to the land of Gata No. 12/61 of Village- Kurra Patti kept and maintained by the District Revenue Authorities. As per F.I.R. version the O.P. No. 2 is the 'Bhumidhar' in possession of the land of Gata No. 12/62 situated at Village- Kurra Patti, District-Jaunpur. This land is situated adjoining the road and therefore, the O.P. NO. 2 after having obtained approval from competent authority was raising constructions thereon. The applicant, who is also of the same village in collusion with the In-charge Record Room Revenue, District Jaunpur, got made a dotted line over Gata No. 12 in the revenue map with intention to cause undue loss to the O. P. No. 2. On the application of the O.P. No. 2, the then Additional District Magistrate vide order dated 2.11.1995 directed to lodge the F.I.R. against the culprits, but no F.I.R. was lodged. It is also alleged that the applicant on the basis of forgery caused as aforesaid in the revenue map filed a suit for injunction in the civil court and also moved an application of correction of map before the Collector, Jaunpur. The application under Section 28 Land Revenue Act, 1901 (in short the L.R. Act) moved by the applicant was also dismissed by the Collector and further the injunction suit of the applicant was also dismissed in appeal by the 4th Additional District Judge, vide Judgement dated 31.5.1993. Since no criminal action was taken against the applicant despite order of the Additional Collector, Jaunpur, therefore, the applicant, moved application before the Superintendent of Police, Jaunpur on 11.5.2004 only then the F.I.R. was lodged.
(3.) Heard learned counsel for both the sides and also perused the record.;