R.K.Rastogi, J. - (1.) This is an application under Section 482 Cr.P.C. for quashing the charge sheet in Criminal Case No. 1372 of 2001, State v. Chhedi Lal Kedia and Ors., under Sections 420, 465, 468 and 471 I.P.C. pending in the court of Addl. Chief Judicial Magistrate, Deoria district Deoria,
(2.) The facts relevant for disposal of this application arc that on 27.10.1999 Ajay Pratap Singh, opposite party No. 2 of the present case, lodged a report at police station Kotwali Deoria against the accused applicants with these allegations that Ajay Pratap Singh resides at his house in Barhaj Wali Gali Sation Road police station Kotwali Deoria. This house was purchased by him from Smt. Phulmati Devi for Rs. 1,00,000/- in the first week of July, 1975, and thereafter Smt. Phulnmti Devi executed a memo in November, 1975 showing receipt of Rs. 1,00,000/- . The accused applicants wanted to take this house and so they in pursuance of a conspiracy for that purpose got a fictitious gift deed of the said property prepared and got it registered in the office of the Sub-Registrar, Salempur, though its registration should have been done in the office of the Sub Registrar, Deoria. The accused with a view to conceal this fact from the informant, got the above deed registered in the office of the Sub Registrar, Salempur; and for the purpose of registration of the deed at Salempur, they included half Decimal and and a mango tree of ullage Nandana in that deed. Actually Smt. Phulmati Devi never owned any land at village Nandana nor any tree in that village. This deed was registered on 26.4.1989. Thereafter they moved an application for mutation of their lames in the office of the Nagarpalika Parishad Deoria on 25.5.1989 relying upon this fictitious deed. The informant filed his objection in that case but the orders for mutation in favour of the accused were passed. Then the informant filed an appeal against that order before the District Magistrate, Deoria. The District Magistrate, Deoria passed an order in favour of the informant on 29.3.1993 and on the basis of that order the informant's name was mutated in the municipal record. Thereafter the informant moved this application for registration of the case against the accused persons for forgery and fraud committed by them.
(3.) On the basis of the above report the police of P.S. Kotwali Deoria registered case crime No. 332/97 under Sections 420, 465, 468 and 471 I.P.C., and after completion of investigation the police submitted a charge sheet against them in respect of the above noted offences. The accused applicants have moved the present application for quashing that charge sheet.;