- (1.) Both these applications under section 482 Cr.P.C., were connected vide order dated 23.8.2016 of this Court and are hereby being decided by this common order. The applicants by means of these applications, have invoked the inherent jurisdiction of this Court with prayer to quash the entire proceedings of Case Crime No. 1042 of 2012, under Sections 420, 467, 468, 471, 120-B, 506 and Section 34 I.P.C., Police Station Kotwali, district Muzaffar Nagar and to stay the effect and operation of the impugned orders dated 1.4.2014 and 12.12.2014 passed by Chief Judicial Magistrate, Muzaffar Nagar taking cognizance on the charge-sheets filed under aforesaid sections in this matter.
(2.) Heard Sri V.M. Zaidi, learned counsel for the applicants, Sri Manish Tiwary, learned counsel for opposite party no. 2 as well as learned A.G.A. representing the State. Perused the record. Some background facts, in brief, are that an F.I.R. was lodged by O.P. No. 2/complainant Syed Hussain at Police Station Kotwali, district Muzaffar Nagar on 21.9.2012 stating therein that he resides at Aligarh and his brother resides at Noida. Their mother Late Manzoor Fatma was a resident of village Bilaspur, Police Station Nai Mandi, district Muzaffar Nagar. The accused applicants, fabricated a forged Will of Manzoor Fatima with intention to grab her property showing therein that Manzoor Fatima has bequeathed all her property to accused applicants Mohd. Shahid and Mohd. Suhail i.e. the two sons of accused applicant Mohd Arif. Then they prepared a fake death certificate before her death showing that Late Manzoor Fatma had died on 25.3.2004 whereas, she died on 15.1.2006 in Aligarh Medical Hospital. It was further alleged in the F.I.R. that Mohd. Shahid and Mohd. Suhail in connivance with other accused persons, got their names mutated in the revenue records on the basis of the aforesaid forged Will and death certificate. When first informant came to know about all these facts, he filed his objection before the revenue court and lodged the F.I.R. against the applicants on 21.9.2012.
(3.) However, the I.O. after concluding the investigation submitted Final Report in the matter on 8.11.2013. Against the Final Report, opposite party no. 2 filed protest petition on 1.1.2013, which was allowed by learned C.J.M., Muzaffar Nagar vide order dated 20.5.2013 and the I.O. was directed to conduct further investigation in the case. After further investigation, the I.O. submitted charge-sheet in the matter on 13.3.2014 against the applicants Mohd. Suhail and Mohd. Shahid on which cognizance was taken by learned C.J.M. vide impugned order dated 1.4.2014. Later, chargesheet against applicants Mohd. Arif, Smt. Nawab Begum and Zahoor Mehdi on 2.12.2014, on which the learned Magistrate took cognizance by the impugned order dated 12.12.2014. Both these orders of taking cognizance against the applicants have been challenged before this Court by learned counsel for the applicants, contending that Manzoor Fatima, who was the owner of the disputed property, was the real sister of the father of applicant Mohd. Arif. It is contended that she executed a Will dated 3.2.1998 in favour of minor sons of Mohd Arif. At that time no body in the family raised objection against the said Will. After her death the applicants Mohd. Shahid and Mohd. Suhail applied for mutation of their names over the property in dispute and as there was no objection from any one at that time, the mutation was done on 19.6.2006 but even at the time of mutation there was no objection by the opposite parties. It was only after a long gap of 14 years from the alleged fabrication of Will, the O.P. No. 2 lodged the F.I.R. against the applicants on 21.9.2012. The police, without taking into consideration this inordinate delay and without a proper investigation submitted charge-sheets against the applicants including even the two minors namely Mohd. Shahid and Mohd. Suhail. The learned Magistrate also, without application of mind to these facts, mechanically took cognizance on the said charge-sheets.;