- (1.) S. K. Jain, J. Heard Sri Ram Mohan, learned Counsel for the applicants and Sri Vivek Kumar Birla, learned Counsel for the opposite party No. 2.
(2.) SINCE the identical controversy is involved in these two applications under Section 482, Cr. P. C. these were heard together and are being decided by common judgment and order. These two applications have been filed to quash the proceedings of criminal case No. 475/9/2006 Lieutenant Colonel Mukul Dev v. Kapil Kumar and others, under Sections 420,467, 468 and 471, IPC relating to case crime No. 70 of 2005 of Police Station Delhi Gate pending in the Court of J. M. /a. C. J. (Jr. Div.) Court No. 2, Meerut. The First Information Report was lodged at the instance of opposite party No. 2 as case crime No. 70 of 2005 on 8-7-2005 under Sections 467, 468, 471 and 420, IPC at Police Station Delhi Gate, District Meerut. As per this report, lodged by opposite party No. 2, the house of Late Surendra Dayal, father of opposite party No. 2, having old number 142 and new number 184 is situate in Mohalla Jantibada, Meerut City. After the death of his father, Kapil Kumar Agarwal, Smt. Payal Agarwal, Dhanesh Garg and Arun Kumar Jain, in collusion with the employees of Nagar Nigam after forging his signature and fabricating the documents, got the aforesaid house mutated in the records in the name of Smt. Deveshwari Devi. The copies of letters received from Nagar Nigam are annexed with the application.
(3.) THE investigating officer, during investigation, after recording the statements of the witnesses, submitted the final report in the matter on 8-7-2005. Opposite party No. 2 filed a protest petition No. 400/11 of 2005 on 29-11-2005 before the learned Magistrate. THE learned Magistrate, after considering the protest petition, treated the same as complaint and fixed 16-5-2006 for statement of the complainant under Section 200, Cr. P. C. This order was passed on 21-4-2006 by the learned Magistrate. Opposite party No. 2, being dissatisfied with the order of the learned Magistrate dated 21-4-2006, preferred a criminal revision No. 222 of 2006, Lt. Col. Mukul Dev v. State of U. P. THE revisional Court vide its judgment and order dated 4-10-2006 remanded the matter with the direction to the learned Magistrate that the case may be treated as State case and the learned Magistrate may reconsider the matter in the light of observations made by the revisional Court in the body of its judgment. THE learned Magistrate, after receiving the copy of the judgment of the revisional Court, passed the order dated 23- 11 -2006 and summoned the accused persons, who are applicants in this case. The applicants have challenged the proceedings on the ground that the mutation in the name of widow of Sri Surendra Dayal namely Smt. Deveshwari Devi has been made by the Nagar Nigam after completing all the formalities on 14-2-2003; that Smt. Deveshwari Devi is mother of applicants Kapil Kumar Agarwal and Smt. Payal Agarwal and of opposite party No. 2 Lt. Col. Mukul Dev; that during the mutation proceedings on 25-9-2002 a notice under Section 213 Nagar Nigam Act was served by the process server at the address of applicants Kapil Kumar Agarwal and Smt. Payal Agarwal after the death of their father Sri Surendra Dayal for mutation of the house in the name of Smt. Deveshwari Devi. On the back of notice under Section 213 Nagar Nigam Act applicants Kapil Kumar Agarwal and Smt. Payal Agarwal, who are son and daughter of the deceased Surendra Dayal, made signatures of receipt of notice and regarding opposite party No. 2, who is also son of the deceased Surendra Dayal and applicant Smt. Deveshwari Devi, they informed the process server that opposite party No. 2 is living at another address i. e. C/o 99 A. P. O. Process server made this endorsement on the process and affixed the notice in front of the house No. 184 in presence of the witnesses applicants Dhanesh Garg and Arun Kumar Jain. A true copy of the notice under Section 213 Nagar Nigam Act has been annexed as Annexure 2 to the application. The mutation in the name of widow of the deceased Surendra Dayal was made on 14-2- 2003, the copy of mutation order has been annexed as Annexure 3 to the application. It has further been stated in the affidavit accompanying the application that a registered notice was also sent by Nagar Nigam at the address of opposite party No. 2 regarding the mutation proceedings; that opposite party No. 2 had made inspection application after two years on 8-7-2005; that opposite party No. 2, aggrieved by the mutation order made in favour of his mother Smt. Deveshwari Devi, has preferred tax appeal No. 59 of 2003 before the Judge Small Cause Court (JSCC) Major Mukul Dew. Nagar Nigam and others, under Section 472 Nagar Nigam Act against the mutation order dated 14-2-2003 made in favour of applicant Smt. Deveshwari Devi; that applicants Arun Kumar Jain and Dhanesh Garg are the witnesses of service of notice.;