UMESH DUBEY Vs. STATE OF U P AND ANR
LAWS(ALL)-2019-4-42
HIGH COURT OF ALLAHABAD
Decided on April 04,2019

Umesh Dubey Appellant
VERSUS
State Of U P And Anr Respondents

JUDGEMENT

Dinesh Kumar Singh, J. - (1.) These cases were listed on 4th April, 2019. After hearing the parties, the cases were dismissed in open Court by observing "the petitions are dismissed, reasons to follow". In continuation of the aforesaid order, the reasons are supplemented.
(2.) These petitions under Section 482 Cr.P.C. have been filed for quashing of the charge sheet no.248 of 2011 dated 26.6.2011 in F.I.R. lodged at Case Crime No.5920 of 2009, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Kotwali Nagar, District Faizabad with further prayer for quashing of the order dated 4.10.2011 passed by the Chief Judicial Magistrate, Faizabad taking cognizance in Criminal Misc. Case No.625 of 2011, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Kotwali Nagar, District Faizabad.
(3.) The complainant Rajesh Dubey lodged an FIR at Case Crime No.5920 of 2009 alleging therein that he lives in Bungalow No.11-C, Kamgar Nagar, Kurla, Mumbai East. Father of the complainant had earned property worth crores in Mumbai and his original place of residence. His father had also transferred some properties in the name of uncle of the complainant. Uncle, Kamraj Dubey is a Lawyer by profession and is in legal practice at Jaunpur. Kamraj Dubey filed Case No.269 of 2003 in the court of Civil Judge (Senior Division), Faizabad and he himself impersonating late father of the complainant and in place of his mother, some other woman was brought before the Court and in place of the complainant, Dheeraj Dubey and in place of younger brother Yogesh Dubey, Umesh Dubey @ Guddu were brought before the Court and by forging the signatures of his late father, mother and brother and his signatures, they had usurped the property of several crores left by his father. These accused had also put his brother and mother's photo, which were attested by an Advocate Shiv Kumar Srivastava and on that basis forged compromise deed was prepared and in this manner they had been successful in transferring the properties of several crores in their name. It has also been alleged that late father of the complainant was in Mumbai from 2003 to 2005 in respect of his treatment at Ashirvad Hospital, Ghat Kooper, Mumbai and on 23.2.2005 he died. Neither he nor his farther, nor his mother nor his brother had ever come to the Court at Faizabad nor they had signed any compromise or agreement of settlement. It was also alleged that the complainant's uncle Kamraj Dubey and his sons Dheeraj Dubey, Umesh Dubey and his friend Shiv Kumar Srivastava had impersonated complainant's mother, father and brother and him and have forged their signatures. On the aforesaid allegations, the FIR as mentioned above has been registered against the accused.;


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