- (1.) Heard Sri S.K. Mishra, learned counsel for the applicant, learned AGA for State respondent and Sri Vikas Singh, learned counsel for OP no.-2 and perused the record.
(2.) This application under Section 482 Cr.P.C. has been preferred for quashing the proceedings of the charge-sheet no. 20/2012 dated 06.09.2012 under Section 420 IPC, P.S. Kotwali, Fatehpur on the basis of which case no. 3892/2012 (State Vs. Vinay Kumar Gupta and Another) under Section 420 IPC relating to case crime no. 16/2011 is pending in the court of Chief Judicial Magistrate, Fatehpur.
(3.) The complainant (present OP no. 2) had filed an application under Section 156(3) Cr.P.C. with averment that his wife Rajshree Devi Gupta had purchased 10 biswa land through sale deed dated 16.03.1988 and her name was mutated over it. Ram Chandra Gupta, Vinay Kumar Gupta and Smt. Sarla Gupta have procured a forged will-deed allegedly executed by Jai Siya Ram Gupta. On the basis of said forged will-deed, they had got their names mutated over the land of late Jai Siya Ram Gupta, after his death, on 15.12.2008. Then Ram Chandra Gupta and Sarla Gupta) have executed a power of attorney in favour of Vinay Kumar Gupta. On strength of said power of attorney the Vinay Kumar Gupta had executed a sale deed of the portion of plot no. 59, of village Bhayaupur in favour of Suresh Chandra Gupta (applicant) on 28.03.2009. Suresh Chandra Gupta had full knowledge that said land does not belong to Ram Chandra Gupta, Vinay Kumar Gupta and Sarla Gupta; but in spite of it Suresh Chandra Gupta had purchased the said land and thus committed forgery for the land of the complainant.;