- (1.) R. K. Rastogi, J. This is an application under section 482 Cr. P. C. to quash the order dated 1. 8. 2006 passed by the Addl. Chief Judicial Magistrate, Court Room No. 2, Allahabad in Cri. Misc. Case No. 220/xii/06, Bhola Nath v. Copal Das and others.
(2.) THE facts relevant for disposal of this application are that complainant O. P. No. 2 filed an application under section 156 (3) Cr. P. C. against the'present applicants with these allegations that Ramadhin was Common ancestor of the parties. THE name of Ramadhin's wife was Smt. Sitabo Devi. Sitabo Devi had inherited ancestral property left by Ramadhin. She purchased house No. 228/277, Colonelganj, Allahabad from that ancestral property and as such the above house became property of the joint Hindu family. After death of Sitabo Devi Raja Ram became karta of the joint Hindu family and as per law applicable to the joint Hindu family. Raja Ram and his three sons Gopal Das, Bhola Nath and Govind Prasad became owner of l/4th share each in the above house. After the death of Raja Ram his 1/4th share in the property was equally inherited by his three sons Gopal Das, Bhola Nath and Govind Prasad and his two daughters Kamla and Sushila. Thus after death of Raja Ram his three sons became owner of 1/4 + 1/20 = 3/10 share each in the house while his two daughters, namely, Kamla Devi and Sushila Devi had 1/20 share each in that house. No partition had taken place between the parties. Accused No. 4 Govind Prasad is a very clever man and he obtained sale deed from Gopal Das, Kamla Devi and Sushila Devi in favour of his wife Saroj Devi in excess of their shares. THEy had done this act knowingly and had thus committed an offence. THE complainant gave information of this incident to police station Colonelganj, Allahabad but his report was not written. THEn he sent information to the S. S. P. Allahabad, but no action was taken in the matter. THEn he moved this application under section 156 (3) Cr. P. C. before the Addl. Chief Judicial Magistrate, Court No. 2, Allahabad. The learned Magistrate after hearing the complainant was of the view that prima facie cognizable offence was committed by the accused persons and he, therefore, passed an order for registration of the case against the accused persons by the Station Officer of police station Colonelganj, Allahabad and for its investigation. Aggrieved with that order the accused applicants have filed this application under section 482 Cr. P. C. The applicants have alleged in the affidavit of Govind Prasad Jaiswal filed in support of the application under section 482 Cr. P. C. that Smt. Sitabo Devi was exclusive owner of the house and it was not a joint Hindu family property and so after her death, her son Raja Ram became its sole owner and on the death of Raja Ram his three sons dopal Das, Govind Prasad and Bhola Nath and two daughters Kamla Devi and Sushila Devi inherited l/5th share each in the property and that share had, been rightly sold by Gopal Das, Kamla Devi, Sushiia Devi and as such no offence has been committed by the accused persons;
(3.) A counter affidavit has been filed by O. P. No. 2 affirming the allegations made in the application under section 156 (3) Cr. P. C. A rejoinder affidavit has. also been filed by Govind Prasad Jaiswal applicant No. 1 in reply to the counter affidavit of O. P. No. 2. I have heard learned Counsel for the parties and have also gone through all these documents.;