Aditya Nath Mittal, J. - (1.) ALL these petitions under sections 482 Cr.P.C. read with section 483 Cr.P.C. relate to the same issue, therefore, they are taken together for decision.
(2.) THESE petitions have been filed with the prayer to quash the charge -sheet bearing No. 38 of 2006 dated 23.11.2006 arising out case crime No. 619 of 2006 under sections 420, 467, 468, 471, 504 IPC, PS. Baskhari, District Ambedkar Nagar. The brief facts of the case are that the opposite party No. 2 had filed an application under section 156(3) Cr.P.C. alleging that he being the posterity of Great Sufi Sant Hazrat Makhdoom Asraf had moved an application for construction of "Public Toilet" at Gata No. 567 but he came to know that the accused persons in connivance with the officers of Nagar Panchayat had taken the lease about five years ago. Upon the inspection of the file, it came to his knowledge that the accused persons have wrongly mentioned themselves to be the original resident of Rasoolpur Dargah and have also declared themselves as landless agricultural labourer and thereby filed a wrong affidavit along with the application and got the lease of Gata No. 567 while Syed Masoodul Hasan and Ahamad Hasan are advocates by profession and Hamid Hasan is running a Large Arabic Madarsa & Fakruddin Asraf is doing his business at Bombay and they are original residents of Baskhari. Thus, by making fraud, the petitioners have got the land of Nagar Panchayat valued Rs. 10.00 lacs.
(3.) THE then Panchayat Officer believing upon the contents of the accused persons had granted lease to them and thereby the petitioners have committed fraud and forgery. Subsequently, the said lease was canceled. The information was given to the Superintendent of Police, Ambedkar Nagar but no action was taken and upon knowing about the complainant, the petitioners are threatening the complainant and they are abusing the complainant. Therefore, first information report should be lodged. Upon this application, the first information report was lodged and after investigation, the charge -sheet has been filed against the petitioners for the offences punishable under sections 420, 467, 468, 471, 504 and 506 IPC.;