- (1.) THE aforesaid petitions have been filed invoking inherent powers of this Court under 482 Cr.P.C. to quash the proceeding of criminal Case No. 16784 of 2010, State Vs. Pratap Narain Singh and another pending in the court of Chief Judicial Magistrate, Varanasi who has taken cognizance in pursuance of the charge sheet No. 129 of 2010 dated 19.4.2010 in case Crime No. 921 of 2009, under Sections 419, 420, 465, 467, 468 and 471 I.P.C., police station Cantt, district Varanasi by order dated 6.9.2010.
(2.) THE applicants aforesaid challenged the summoning order before this court by filing the aforesaid two separate 482 petitions. The petition filed by Smt. Geeta Gupta was directed to come along with Criminal Misc. Application U/s. 482 No. 32228 of 2010 filed by Pratap Narain Singh as cognizance has been taken pursuant to the charge sheet submitted against both the applicants, therefore, both the petitions are being decided by a common order.
(3.) THE prosecution case in nutshell is that the opposite party no. 2 lodged a first information report at police station Cantt, district Varanasi on 19.12.2009, which was registered under Sections 419, 420 I.P.C. as case Crime No. 921 of 2009 against the applicant and Smt. Geeta Gupta with the allegations that the applicant Pratap Narain Singh has sold the land in question fraudulently to Smt. Geeta Gupta. The applicant Pratap Narain Singh was not authorized to sell the land of Plot No. 42 situated in village Nadesar, district Varanasi, which has been recorded as "Rasta" in the revenue record. The incorrect boundaries have been mentioned in the sale deed. The boundaries of land of plot no. 42 is in the possession and ownership of the complainant and the name of the complainant is continuously recorded in the revenue record. In the sale deed it is wrongly mentioned that the land in dispute is situated in plot no. 48, when it came to the knowledge of the father of the complainant he filed a suit that the applicant has sold the land belonging to him by mentioning incorrect boundaries. Thus the applicants have tried to grab the property by encroaching upon the plot of the complainant. In support of the written report various documentary proofs had also been filed. On the basis of the first information report the police swung into action recorded the statement of the complainant as well as his son and thereafter arrived at a conclusion that no criminal offence is made out as the dispute is of civil nature and the civil suit is pending between the parties before the competent civil court, hence submitted the final report on 11.3.2010. The final report was submitted before the Circle Officer Cantt, Varanasi who directed further investigation by order dated 27.3.2010 and after investigation the final report was cancelled and the charge sheet was submitted on 19.4.2010 under Sections 419, 420, 465, 467, 468 and 471 I.P.C. The court below took cognizance on 6.9.2010 of the offence by registering criminal case No. 16874 of 2010 against the applicants.;