Amar Saran - (1.) -Heard learned counsel for the applicant, learned counsel for opposite party No. 2 and learned A.G.A.
(2.) THIS application under Section 482, Cr. P.C. has been filed for quashing criminal proceedings in Complaint Case No. 516 of 2005, Kanta Rani v. Rajeev Kumar and others, pending in the Court of J.M. I, Allahabad, under Section 420/114, I.P.C., P.S. Attarsuiya, district Allahabad. Essentially, the allegations in the complaint dated 10.8.1994 filed by Smt. Kanta Rani were that her mother, Smt. Durga Devi, was residing with her after the death of her father and out of her streedhan she had purchased House No. 112/41, Meerapur, in Allahabad city. However, her brothers, Trilok Chand and Kishori Lal in conspiracy with P. K. Jaiswal, the applicant, and Suresh Bhagat, who were described as crafty persons, got a family settlement dated 22.4.1993 manufactured in which the forged thumb impression of Smt. Durga Devi was shown, when she had not affixed her thumb impression on the said document. On the basis of that allegedly forged family settlement, half of the house aforesaid was sold to Rajeev Kumar and Satish Kumar, the purchasers. A civil suit was also filed by Smt. Durga Devi against the purchasers, the alleged sellers Trilok Chand and others for an injunction that they should not interfere with her possession over the said property. On the basis of the said complaint and the statement of the complainant under Section 200, Cr. P.C. and the statements of the witnesses Vinod Kumar and Mohd. Haneef under Section 202, Cr. P.C. who supported the aforesaid version in the complaint, the order dated 19.9.1994 was passed by J.M.-II, Allahabad, issuing process against Rajeev Kumar, Satish Kumar, the applicant P. K. Jaiswal, Suresh Bhagat and Trilok Chand under Section 420/ 114, I.P.C.
(3.) APPLICATIONS dated 13.11.2005 and 8.3.1996 were moved by the accused persons for recalling the said summoning order dated 19.9.2004 and the applications were partly allowed by the J.M.-II, Allahabad, by an order dated 30.10.1998, observing that as the crucial witness Smt. Durga Devi had not been examined, hence the said order be recalled and that Smt. Durga Devi may be produced in the Court for her statement under Section 202, Cr. P.C. on 30.11.1998. Thereafter, it appears that the statement of Smt. Durga Devi was recorded. Once again, the A.C.J./J.M., Court No. 7, Allahabad, passed an order dated 28.10.2005 summoning the aforesaid accused persons under Section 420/114, I.P.C. after recording the statement of Smt. Durga Devi, P.W. 4, under Section 202, Cr. P.C. On the basis of the said complaint and the statement of the complainant under Section 200, Cr. P.C. and the statements of the witnesses Vinod Kumar and Mohd. Haneef under Section 202, Cr. P.C. who supported the aforesaid version in the complaint, the order dated 19.9.1994 was passed by J.M.-II, Allahabad, issuing process against Rajeev Kumar, Satish Kumar, the applicant P. K. Jaiswal, Suresh Bhagat and Trilok Chand under Section 420/114, I.P.C.;