Sanjay Kumar Singh, J.

Heard Sri Gajendra Pratap learned senior counsel assisted by Sri Madhur Prakash learned counsel for the applicant, Sri Anurag Sharma learned counsel for the opposite party no. 2 to 4 and learned A.G.A. for State in both the aforesaid matters and perused the record with assistance of learned counsels for the parties.

2. The first Matter Under Article 227 of the Constitution of India No. 7350 of 2016 has been filed by the applicant K.B. Singh (General Manager) with a prayer to set aside the impugned order dated 11.06.2015 passed by Judicial Magistrate- I, Muzaffarnagar in case no. 360/09/2013 (State Vs. Chaman Singh), whereby the applicant has been summoned under Section 319 Cr.P.C to face trial under Sections 406, 409, 420, 467, 468, 471, 120B I.P.C. and order dated 09.09.2016 passed Additional Session Judge, Court No. 10, Muzaffarnagar in Criminal Revision No. 58 of 2016, whereby the revision preferred by the applicant has been dismissed by the Additional Session Judge confirming the order dated 11.06.2015 passed by Judicial Magistrate-I, Muzaffarnagar.

The second Matter Under Article 227 of the constitution of India No. 7512 of 2016 has been filed by the applicant J.P. Singh. Dy. General Manager (Const.) with a prayer to set aside the impugned order dated 11.06.2015 passed by Judicial Magistrate-I, Muzaffarnagar passed in case no. 360/09/2013, whereby the applicant has been summoned under Section 319 Cr.P.C to face trial under Sections 406, 409, 420, 467, 468, 471, 120B I.P.C. and order dated 09.09.2016 passed by Additional Session Judge, Court No. 10, Muzaffarnagar in Criminal Revision No. 58 of 2016, whereby the revision preferred by the applicant has been dismissed by the Additional Session Judge confirming the order dated 11.06.2015 passed by Judicial Magistrate-I, Muzaffarnagar.

3. Since both the aforesaid connected cases have been filed arising out of same impugned orders dated 11.06.2015 and 09.09.2016, therefore both the above cases are being decided together and common order is being passed with the consent of the learned counsel for the parties.

Basic Facts

4. The brief facts of the case as emerges on record are that the applicant K.B. Singh is General Manager (O & M) and applicant J.P. Singh is Dy. General Manager (Construction) in Gas Authority of India Limited (hereinafter referred to as GAIL) and they are presently posted at District-Guna, Madhya Pradesh. GAIL is a Government of India undertaking directly under the control of the Ministry of Petroleum & Natural Gas, Government of India. The Parliament enacted an Act known as "The Petroleum and Mineral Pipelines (Acquisition of Right of User in land) Act 1962" hereinafter referred to as "Act of 1962". A notification dated 20.04.2009 under Section 3(1) of the said Act of 1962 was issued for acquition of right of user over land specified in the notification for the purpose of laying pipelines for transportation of natural gas by GAIL.

5. By the said notification dated 20.04.2009 land measuring 0.2900 hectare of Khasra No. 354 of Khata No. 354 jointly recorded in the name of opposite party no. 2 to 4 alongwith their brothers Chaman Singh and Preetam Singh was acquired for land user. Accordingly a competent authority issued a joint notice dated 25.09.2009 to the aforesaid 5 land holders, who are real brothers informing them about the acquisition of their land under Section 3(1) of the Act of 1962 requiring them to file their objection, if any, on the said acquisition.

6. Subsequently the acquisition proceedings were finalized and after determination of compensation, settlement deed in this regard was executed on 11.05.2011. As per clause 12 of the settlement deed dated 11.05.2011, in case of joint holding, the amount of compensation would be paid to only those who after inter-se partition amongst themselves are in possession of acquired land. It is the case of applicant in both the cases that as per the aforesaid settlement deed dated 11.05.2