Suresh Kumar Gupta, J. - (1.) The application under Section 482 Cr.P.C. has been filed by the applicants with prayer to quash the charge-sheet dated 08.10.2004 submitted by Investigating Officer in Case Crime No. C-14/2004 numbered as Charge-sheet no. 154 of 2004 under Sections 419, 420, 467, 468 I.P.C., before the Chief Judicial Magistrate, Jaunpur, Police Station Line Bazar, District Jaunpur.
(2.) Brief facts of this case are as follows:- That opposite party no. 2, Amar Bahadur Singh, had filed an application under section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Jaunpur with allegation that respondents had inherited the agriculture land of his real brother, late Vijay Bahadur Singh, but the accused, Pappi Singh, w/o Sanjay Singh d/o Sri Subedar Singh was living with her husband Sanjay Singh s/o Sri Virendra Singh at Village Amanw, Police Station Mungra Badshahpur, District Jaunpur after entering into the agreement to sale the property of respondent no. 3 (complainant) to accused Jai Prakash Singh. This registered agreement to sale of alleged land is forged in which seller of the alleged land showed her name Suneeta Singh d/o Vijay Bahadur Singh. So Pappi Singh had falsely representing herself as Suneeta Singh and showing her, daughter of late Vijay Bahadur Singh, while Vijay Bahadur Singh had died issue-less and all the property of Vijay Bahadur Singh was mutated in the name of respondent no. 3. Thus the case under Section 156 (3) Cr.P.C. was registered against the applicants (accused) namely Suneeta Singh, Sanjai Singh, Jai Prakash Singh, Manoj Kumar Singh and Brij Bhushan under Sections 419, 420, 467 and 468 I.P.C. That after investigation, charge-sheet against the applicants, was submitted by the Investigating Officer. Therefore, this application under Section 482 Cr. P.C. filed by the applicants for quashing the charge-sheet dated 08.10.2004 under Sections 419, 420, 467 and 468 I.P.C.
(3.) Although, Pappi Devi Singh was charge-sheeted but learned counsel for the applicants contended that another name of Pappi Devi Singh is Suneeta Devi. He further contended that Vijay Bahadur Singh was the father of the applicant no. 1, Suneeta Singh, and was murdered on 05.01.1972 regarding this F.I.R. was lodged by mother (Smt. Parvati Devi) of applicant no. 1 against the respondent no. 3 as well as some other persons. That mother of applicant no. 1 had filed a suit under Section 229-B of U.P. Jamindari Abolition and Land Reform Act before the Sub Divisional Officer, Sadar, Jaunpur as Case No. 653 of 1972, in which suit was decreed ex-parte in favour of Parvati Devi. That the in S.T. No. 105 of 1972 under Section 302 I.P.C., in which she had clearly stated that she was widow of Vijay Bahadur Singh and her daughter is applicant no. 1. Next submitted that Family Register of applicant no. 1, issued by the authority, on 31.03.1973, where the name of Parvati Devi had been mentioned, which shows that she was wife of Vijay Bahadur Singh. That the mother of applicant no. 1 was re-married to another person and due to resultant of this marriage name of mother of applicant no. 1, was struck off in revenue record in respect of the land in question. Afterward, the applicant no. 1 resided with Smt. Chamela Devi (Bua of applicant no. 1).;