- (1.) This application u/s 482 Cr.P.C. has been preferred for quashing the proceedings of criminal case no. 570/2015, State Vs. Bihari Lal & Others, u/s 419, 420 I.P.C., case crime no. 927/2014, p.s. Kotwali, district Mau, pending in the court of Chief Judicial Magistrate, Mau.
(2.) Heard learned counsel for the applicant, AGA for O.P. No. 1, counsel for OP No. 2 and perused the records.
(3.) The informant Bechan (present O.P. No.-2) had moved application u/s 156(3) Cr.P.C. with averment that he is the co-owner and co-bhumidhar of plot no. 449, situated in village Jahagirabad, and is in possession of his portion of agricultural land. Accused Bihari Lal and Harinarain (applicant nos. 1 & 2 of present application) are also co-owner and co-bhumidhar of only 0.0120 air portion of said plot no. 449. Both these persons Bihari Lal and Harinarain had executed first sale-deed dated 5.7.2014 of said plot no. 449 area 0.0120 air in favour of Umashanker and Ramashanker (applicant nos. 3 & 4 of present application). Then Bihari Lal and Harinarain had again executed another sale-deed dated 16.7.2014 of same plot no. 449 regarding area of 0.0120 air in favour of Umashanker and Ramashanker. Thus Bihari Lal and Harinarain being owner of only 12 air portion of said land had executed sale deed of 24 air of said land by aforesaid two sale-deeds in favour of Umashanker and Ramashanker and have made wrongful gain. Since they sold land more than their share, which belongs to informant Bechan, therefore said accused have caused wrongful loss to informant. Dhupchand (applicant no.-5) was marginal witness in the two sale deeds, who was in conspiracy with the other co-accuseds and helped them, therefore, accused persons should be punished for their criminal acts.;