- (1.) HEARD learned counsel for the applicant and Sri S.M.A. Zaidi,? learned A.G.A. for the State.
(2.) THE applicant, by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the Charge sheet No. 90 of 2013, dated 19.03.2013 laid in Case Crime no. 162 of 2013, under Sections 419/420 I.P.C., P.S. Safipur, district -Unnao and the proceedings of Criminal Case no. 4727 of 2013, pending in the court of Additional Chief Judicial Magistrate -Ist, as well as the summoning order dated 06.09.2013 passed therein.
(3.) THE contention of the learned counsel for the applicants is that even if the entire allegations made in the first information report and those in the statements of the witnesses recorded during investigation and the other material on record are left unrebutted, no offence against the applicants is disclosed, yet the court below has by the impugned order mechanically summoned the applicants and hence the prosecution of the applicant in the present case as well as the summoning order passed therein are liable to be quashed. Sri S.M.A. Zaidi, learned A.G.A. per contra submitted that the allegation made against the applicant is that he had in collusion with the other co -accused made interpolations in the family register and got his name mutated through proceedings under PA11 over the property belonging to the complainant -opposite party no. 2 to which she had succeeded after the death of her father Mohan Lal, with the dishonest intention of granting the same.;