Mahendra Dayal, J. - (1.) The applicant Ravi Saxena has filed this application under Section 482 Cr.P.C. for quashing of the order dated 09.02.2009 passed by the Additional Chief Judicial Magistrate-III, Lucknow whereby cognizance has been taken upon the charge-sheet filed by the police of police station Vikas Nagar, Lucknow in a case arising out of crime No.477 of 2008 under Sections 420, 467,468, 471 IPC.
(2.) The brief facts of the case are that EWS House No.4/672 under Vikas Nagar Yojna was allotted by Uttar Pradesh Avas Vikas Parishad to Girdhari Lal Mehrotra vide allotment letter dated 05.05.1987 on hire purchase basis. After the first installment was paid, the hire purchase agreement was executed between Sri Mehrotra and Avas Vikas Parishad on 07.07.1987. The applicant on 28.02.2004 submitted an application in the office of Avas Vikas Parishad, alongwith a copy of WILL executed by Girdhari Lal Mehrotra and a copy of his death certificate with a request to transfer the allotment in his name by virtue of WILL. On the request of the applicant, a notice was published in two newspapers for inviting objection on the aforesaid application. Since no objections were received, the name of Ravi Saxena was mutated by the order dated 29.03.2004.Thereafter the entire payment was made by the applicant and accordingly sale deed was executed in his favour on 31.03.2004. After several years Anurag Mehrotra,son of Girdhari Lal Mehrotra made an application under Right to Information Act requiring Avas Vikas Parishad to inform as to under which provision, sale-deed has been executed on the basis of death of the allotee and why the information of the same was not published in daily newspaper. The applicant was apprised about the aforesaid application of Anurag Mehrotra, but the letter returned back unserved. The information as required was provided to Anurag Mehrotra. The opposite party no.3 Girdhari Lal Mehrotra lodged an FIR against the applicant in police station Vikas Nagar, Lucknow making allegation of fraud and forgery against the applicant upon which a case under Sections 420, 467, 468, 471 IPC was registered as case crime No.477 of 2008. The police conducted investigation and collected information from the office of Avas Vikas Parishad and thereafter charge-sheet was submitted against the applicant.The learned Magistrate upon receiving the charge-sheet, took cognizance and passed the impugned order summoning the applicant.
(3.) I have heard Sri Surya Kant learned counsel for the applicant, Sri Anirudh Singh learned counsel for the opposite party no.3, the learned A.G.A. and also perused the record.;