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2007 Supreme(All) 2402

R.K.RASTOGI
MOHD. DAUD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Cases cited :
2003(46) ACC 592(SC); 2005 SCC (Cri) 1185; 2005 SCC (Cri) 1515; 2005 SCC (Cri) 1600 (Para 7)-Referred.

JUDGMENT

Hon’ble R.K. Rastogi, J.—This is an application under Section 482, Cr.P.C. to quash the proceedings of criminal complaint case No. 6212 of 2004, Babu Ram v. Chandrabhan and others, under Sections 420, 471, 465, 468 and 120-B, I.P.C. police station Mandi Saharanpur district Saharanpur pending in the Court of the Chief Judicial Magistrate, Saharanpur.

2. The facts relevant for disposal of this application are that complainant No. 2 Babu Ram son of Prem Singh filed a complaint against the accused applicants and co-accused Chandrabhan, Mustaqeem, Babu Ram son of Buddhu, Padam and Rati Ram under Section 156 (3), Cr.P.C. with these allegations that complainant Babu Ram and his brother Satish were owners of house bearing municipal No. 11/1273-1/1 situate at mohalla Mehdi Sarai Saharanpur police station Mandi Saharanpur and it was their ancestral property. During the communal riots of 1991-92 the complainant and his brother Satish left that house and started to reside at mohalla Mohit Nagar, Saharanpur due to fear of Muhammadans. On 12.10.1992 accused Chandrabhan, Mustaqeem, Babu Ram, Padam and Rati Ram thatched a conspiracy and they prepared a fictitious power of attorney in the na









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