RAVINDRA SINGH, J.

This application has been filed by the applicants Suraiya Naiyer, Mohd. Majid, Fatima Parveen, Suleman, Abdul Latif, Shakila Begun and Mahmood Hasan and Mohd. Mashim Ansari with the prayer that the proceedings of Criminal Case No. 1811 of 2007, State of U. P. v. Suraiya Naiyer and Ors. , arising of out charge-sheet No. 89 of 2007 dated 23-3- 2007 in Case Crime No. 324 of 2006 under Sections 420, 467, 468, 471 and 120-B I. P. C. P. S. Sadar Bazar District Saharanpur may be quashed. 2. The facts of the case in brief are that the F. I. R. of this case has been lodged by O. P. No. 2 Smt. Kunti Devi in Case Crime No. 324 of 2006, under Sections 420, 467, 467, 468, 471 and 120-B I. P. C. on 21-7- 2007 at P. S. Sadar Bazar District Saharanpur, the matter was investigated by the I. O. and after recording the statement of the witnesses under Section 161 Cr. P. C. and after collecting some other material submitted charge-sheet dated 23-2- 2007 against the applicants under Sections 420, 467, 468, 471 and 120-B I. P. C. in the Court of learned Magistrate concerned on the basis of the charge-sheet submitted by the I. O. The learned C. J. M. Saharanpur has taken cognizance and summoned the applicant to face the trial on 9-3-2007. The allegation against the applicant is that the O. P. No. 2, Smt. Kunti Devi, had entered into an agreement to sale the land of Mohd. Junoon by a registered agreement on 17-12-1996, the area of the land was 2. 457 hectare, at the time of the agreement she had paid Rs. 10,000/- to the vendor. It is alleged that Mohd. Junoon executed a power of attorney in favour of Sabbir Ahmad and Vinod Chauhan,

who executed a sale-deed on 21-2-1997 in favour of O. P. No. 2 Smt. Kunti Devi after receiving the payment of remaining settled amount and she came into possession over the aforesaid land. It is alleged that applicant No. 1 Smt. Suraiya Naiyer in order to cause wrongful loss to O. P. No. 2 executed a sale- deed out of the aforesaid land purchased by O. P. No. 2, measuring 2114 Sq. meter on 28-6-2006 in favour of applicant No. 3 Smt. Fatima Parveen. Applicant No. 1 also executed another sale seed on the same day in favour of applicant No. 6 Smt. Shakila Begum. Applicant Nos. 2, 4, 5, 7 and 8 were witness of the aforesaid sale-deed, on the basis of the forged sale-deed, the accused persons were trying to take over possession of the land in dispute.

3. It is alleged that O. P. No. 2 was the owner of the land but applicant No. 1 claiming herself to be the owner of the land executed its forged sale-deed, thereafter the parties are trying to take the illegal possession of that land.

4. Heard Sri Rajul Bhargava, learned Counsel for the applicant, learned A. G. A. and Sri Chetan Sharma, learned Counsel for O. P. No. 2.

5. It is contended by learned Counsel for the applicants that on the basis of the above mentioned F. I. R. the matter was investigated by the I. O. who came to the conclusion that it was a case of civil nature and civil proceedings were pending between the parties and submitted the final report but under the influence of the O. P. No. 2 the investigation was entrusted to some other I. O. who without concluding credible evidence submitted the charge-sheet No. 89 of 2007, on the basis of that charge-sheet the learned C. J. M. Saharanpur has taken the cognizance on 9-3-2007. The matter concluded by the I. O. during investigation there is not constitution any offence against the applicants. The applicant No. 1 is daughter of Mohd. Junnon, who died in the year 1988 leaving behind the applicant No. 1 and her sister Naseem Naiyer, as the legal heirs. Mohd. Junnon was having no son, he was an old man. Taking the advantage of his old age the son of the O. P. No. 2 namely Subhash Jain, the known land Mafiya prepared a forged agreement to sale in collusion with Mohd. Islam allegedly executed Mohd. Junnon on 17-12- 2006. Thereafter on the basis of the forged power of attorney got the sale-deed executed in fav

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