Ram Surat Ram (Maurya), J. - (1.) Heard Sri Nazrul Islam Jafri along with Sri R.V. Pandey, for the applicant and Sri Dr. S.B. Singh, for opposite party-2.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the order of Additional Sessions Judge, Chandauli dated 23.12.2016, passed in Criminal Revision No. 42 of 2014, Kulwant Singh Vs. State of U.P. and others, allowing the revision and setting aside the summoning order of Chief Judicial Magistrate, Chandauli dated 30.07.2014 passed in Complaint Case No. 1993 of 2013, Kulwant Singh Vs. Amarjeet Singh and others, under Section 420 IPC, PS Chandauli, district Chandauli.
(3.) Background facts, leading to this application, in short, are as follows:- (a)Amarjeet Singh (the applicant), Kulwant Singh (opposite Party-2) and Avtar Singh are real brothers. Kulwant Singh filed an application (registered as Misc. Case No. 489 of 2012) (Later on as Case No. 94 of 2013) under Section 156 (3) Cr.P.C. for direction to concerned police to register an FIR and investigate against Amarjeet Singh, Avtar Singh, Sunil Kumar Jaiswal, Simaranjeet Singh and Jai Prakash Jaiswal, under Section 419, 420, 467, 468, 471 IPC. It has been alleged in this application that Kulwant Singh and Amarjeet Singh had jointly purchased plots 117/2 (area 4-7/8 decimal) and 117/8 (area 11-3/8 decimal) (total area 16-1/4 decimal= 7068.75 Sq. feet) situated at village Bechupur, district Chanduali through sale deed dated 14.04.1960. Amarjeet Singh has constructed his house over the entire area of land falling in his share and residing in it. Kulwant Singh executed a sale deed dated 07.12.1988 of an area of 2280 Sq. feet, from aforesaid land in favour of Smt. Veena Gupta. Amarjeet Singh, knowing that no land of his share was remained, fraudulently executed a sale deed dated 28.09.2012, in favour of Sunil Kumar Jaiswal and Jai Prakash Jaiswal. Avtar Singh and Simaranjeet Singh also shared in sale consideration. (b)Chief Judicial Magistrate, vide order dated 12.04.2013, dismissed this application. Kulwant Singh filed Criminal Misc. Writ Petition No. 10040 of 2013 against aforesaid order, which was dismissed by this Court vide order dated 24.05.2013, giving liberty to Kulwant Singh to file a complaint case. (c)Kulwant Singh then filed Complaint Case No. 1993 of 2013 on 10.06.2013, on the same allegations. Chief Judicial Magistrate recorded statements of Kulwant Singh under Section 200 Cr.P.C., Ashok Kumar Singh and Achal Bihari under Section 202 Cr.P.C. and by order dated 30.07.2014 summoned Amarjeet Singh under Section 420 IPC. Amarjeet Singh filed Criminal Application under Section 482 Cr.P.C. No. 34787 of 2014, for quashing summoning order dated 30.07.2014 as well as entire proceeding of Complaint Case No. 1993 of 2013. (d)Kulwant Singh, feeling aggrieved that Amarjeet Singh was not summoned in remaining Sections 419, 467, 468, 471 IPC and other opposite parties were not summoned at all, filed Criminal Revision No. 42 of 2014, before Sessions Judge, Chandauli. Sessions Judge, Chandauli, by judgement dated 30.06.2015, allowed the revision, set aside the order dated 30.07.2014 and remanded the matter to Chief Judicial Magistrate, with direction to give opportunity of hearing to the complainant and pass summoning order in the light of observations made in the judgement. (e)Amarjeet Singh filed a revision (registered as Criminal Revision No. 2737 of 2015) before this Court from the order dated 30.06.2015. This Court, after hearing both the parties, by order dated 07.08.2015, allowed the revision, set aside the order dated 30.06.2015 and remanded the matter to Sessions Judge to decide the revision afresh, after giving opportunity of hearing to Amarjeet Singh. After remand, Additional Sessions Judge, vide order dated 26.04.2016, postponed hearing of the revision till pendency of Criminal Application under Section 482 Cr.P.C. No. 34787 of 2014. (f)Kulwant Singh filed Criminal Application under Section 482 Cr.P.C. No. 23204 of 2016, against the order dated 26.04.2016. This Court, without any notice to Amarjeet Singh, allowed this application by judgement dated 04.08.2016 and directed Court below to decide the revision on merit in compliance of the order dated 07.08.2015. In this judgement, this Court has also observed that Criminal Application under Section 482 Cr.P.C. No. 34787 of 2014 has become infructuous as after the order of this Court dated 07.08.2015, Amarjeet Singh has already been impleaded as opposite party-2 in Criminal Revision No. 42 of 2014. (g)Amarjeet Singh filed an application for recalling the order dated 04.08.2016 passed in Criminal Application under Section 482 Cr.P.C. No. 23204 of 2016. In the meantime, Additional Sessions Judge/Fast Track Court No. 2, Chandauli, by judgement dated 23.12.2016 allowed the revision, set aside order dated 30.07.2014 and remanded the matter to Chief Judicial Magistrate to pass fresh summoning order, in the light of observations made in the judgement. Hence, Amarjeet Singh filed present Criminal Application under Section 482 Cr.P.C. No. 2682 of 2017. (h)When this case was put up for hearing as a fresh case on 06.02.2017, Kulwant Singh put appearance through Dr. S.B. Singh, Advocate. After hearing the parties, this Court, by order dated 06.02.2017, directed for listing Criminal Application under Section 482 Cr.P.C. No. 34787 of 2014, Recall Application No. 1633 of 2017, filed in Criminal Application under Section 482 Cr.P.C. No. 23204 of 2016 and Criminal Application under Section 482 Cr.P.C. No. 2682 of 2017, after getting nomination from Hon'ble the Chief Justice in one and the same Court. (i)Chief Justice, by order dated 13.02.2017 nominated this Court to hear all the three matters. As the pleadings and documents relied upon by the parties are on records of these cases as such all the three matters were proposed to be decided finally with the consent of the parties. Criminal Application under Section 482 Cr.P.C. No. 34787 of 2014 was dismissed as infructuous, holding that summoning order dated 30.07.2014 was set aside as a whole by order dated 23.12.2016, giving liberty to Amarjeet Singh to challenge, maintainability of Complaint Case No. 1993 of 2013, in Criminal Application under Section 482 Cr.P.C. No. 2682 of 2017. Recall Application No. 1633 of 2017, filed Criminal Application under Section 482 Cr.P.C. No. 23204 of 2016 was also rejected as infructuous.;