- (1.) HEARD Shri R.P.Ojha, learned counsel for the petitioners and the learned AGA and also perused the record.
(2.) BY means of the present petition under section 482 Code of Criminal Procedure (for short Cr.P.C.) the petitioners have prayed for quashing the order dated 30.10.2003 passed by the Judicial Magistrate - I,Gonda in Criminal Case No. 110 of 1998 Surya Narain Chaubey Vs. Sri Nivas Panday and others arising out of Case crime no. 3 of 1998 under sections 419 and 420 IPC P.S. Wazirganj, District Gonda, whereby final report dated 20.8.1998 submitted by the police has been rejected and accused persons Surya Narain, Ghyan Chandra, Hiralal Pandey including petitioner Shri Nivas have been summoned under section 419 and 420 IPC.
(3.) AS per the report dated 11.11.20014 of the learned Chief Judicial Magistrate, Gonda, the opposite party no. 3 (the complainant of this case) died. In pursuance of the direction issued by the learned Magistrate on the application moved by opposite party no. 3 under section 156 (3) of Cr.P.C a First Information Report (for short FIR) has been lodged against the petitioners on 5.1.1998 at about 4.10 p.m. under sections 419 and 420 IPC at police -Wajirganj, District Lucknow alleging therein that petitioners 1 and 2 got will -deed of movable and immovable property of Devkali after his death on 30.1.1997 fraudulently in their favour. Petitioners 3 and 4 were witnesses of the forged will -deed. Sri Devkali was real uncle of opposite party no. 3, who was unmarried. He died on 13.12.1994 as alleged in the FIR. On the basis of the will -deed their names were mutated in the revenue records. The opposite party no. 3 claims himself to be the owner of the property in question. Opposite party no.3 had filed an objection in the mutation proceedings but his objection was rejected. He preferred an appeal before the Settlement Officer of Consolidation, which was dismissed. Thereafter, he filed a revision before the Deputy Director of Consolidation, which was also dismissed.;