- (1.) This criminal misc. application under section 482 of Cr.P.C. has been preferred by the applicants Bimal Kumar Surekha, Aayushman Surekha, Smt. Nirupma Surekha and Smt. Anshu Surekha with a prayer for quashing of the order dated 21.11.2014 as well as entire proceedings of criminal case No. 11481 of 2014 (State of U.P. v. Bimal Kumar Surekha) arising out of Case Crime No. 46 of 2013 under sections 419, 420, 467, 468 and 471 of IPC, police station Kotwali Katra, District Mirzapur pending in the Court of Chief Judicial Magistrate, Mirzapur. Brief facts of the case emerging from the memo of said application, accompanying affidavit and its annexures are that the opposite party No. 2 lodged a first information report dated 8.1.2013 as case crime No. 46 of 2013, under section 419, 420, 467, 468 and 471 of IPC, police station Kotwali Katra, District Mirzapur against the applicant No. 1 to 4 and one another person Rahul Tandon with allegations that the opposite party No. 2 is the auction purchaser of a landed property with building having area measuring 7 bighas, 6 biswas and 4 dhoors belonging to M/s. E. Sefton and company private limited situated at Jabalpur Road, Mauja Mirzapur Kala and Bathua, district Mirzapur through the advertisement dated 18.12.2009 for which the auction was held on 7.1.2010 and the opposite party No. 2 was declared successful bidder having highest bid of Rs. 3 crore and 1 lac. The opposite party No. 2 completed all the requisite formalities in accordance with law and deposited the said amount of bid and thereafter, the applicant No. 1 as well as other persons namely Ramji Lal Maheshwari (Ex-Chairman/Managing Director, M/s. E. Sefton and Company Private Limited), Mr. Satya Narayan Dhanuk (Director of said Company), Mr. Himanshu Maheshwari (Director of the said Company) and one Mr. Hemant Maheshwari raised several objections at various levels before the recovery officer, D.R.T., Allahabad, which were ultimately turned down vide order No. DRC-122/2006, dated 13.2.2012 passed by the recovery officer. Thereafter, the certificate of sale was issued and the Sub-Registrar, Mirzapur was intimated for registration of sale-deed in favour of opposite party No. 2. Despite all this, the applicant No. 1 in connivance with applicant No. 2, 3 and 4 got executed the sale-deed of part of the same property which had come under the title of opposite party No. 2 under the auction sale. The said illegal sale-deed was executed on 22.2.2012 by aforesaid person by committing fraud and forgery. The first information report mentions a chart of the properties included into the said illegal sale-deed, in which the arazi number, the total area in revenue record, the area transferred by DRT in favour of informant and the area mentioned by the applicants in the sale deed has been mentioned to show that the area mentioned in the sale deed in question is more or less same as has been purchased by the informant from the DRT in auction sale. The area so mentioned in the FIR is being reproduced hereinbelow:--
(2.) The first information report further contains allegations that the applicants have conspired with the seller Rahul Tandon and all of them are guilty of commission of offences of forgery, fraud and cheating.
(3.) The said first information report was investigated by the local police and after recording statements of informant and other persons, the investigating officer forwarded a final report No. 23 of 2013, dated 10.5.2013 with a closure report having opinion that the entire case is false and incorrect and no offence whatsoever is made out. Thereafter, an order dated 18.10.2013 was passed by the D.I.G. Varanasi Zone, Varanasi for further investigation, in compliance where of, the station officer, police station Chopan, District Sonbhadra submitted intimation report dated 12.11.2013 before the concerned Court below for further investigation which was allowed vide order dated 13.12.2013 by the Court below and thereafter, further investigation was conducted and ultimately, the charge sheet No. 178/2014, dated 19.11.2014 has been submitted against the applicants and above-named Rahul Tandon under sections 419, 420, 467, 468 and 471 of I.P.C. and the learned Court below passed order dated 21.1.2014 accepting the charge sheet on record and issuing summons to the accused persons.;