Point of Law: Against the revisional order of the Sessions Court 482 is maintainable.

JUDGMENT :

1. Heard Sri C.K.Parekh, learned Senior Advocate assisted by Sri Kumar Ankit Srivastava, learned counsel for the applicant, and Sri Sageer Ahmad, learned Senior Advocate assisted by Sri Anil Pathak, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused material on record.

2. This application under Section 482 Cr.P.C. has been filed to set-aside the order dated 16.3.2021 passed by Sessions Judge, Chandauli in Criminal Revision No. 27 of 2020, arising out of judgment and order dated 21.9.2019 passed by Judicial Magistrate, Chakia, District-Chandauli in Criminal Case No. 340 of 2019 (State Vs. Asharani and others) arising out of Case Crime No. 0153 of 2018 under Sections 419, 420, 465, 466, 467, 468 and 472 I.P.C., Police Station-Chakia, District-Chandauli, pending in the Court of Judicial Magistrate, Chakia, Chandauli as well as allow the discharge application filed by the applicant before the court below. A further prayer has also been made to stay the further proceedings of the aforesaid case.

3. The applicants Shila Devi Purchased property sold by recorded by owner Asharani Shukla wife of Shivendra Dutt Shukla vide sale deed dated 9.7.2018.

4. The FIR was lodged on 11.7.2018 in case Crime No. 153 of 2018 under Sections 419, 420, 465, 466 I.P.C., Police Station Chakia, District-Chandauli by Ramendra Kumar Shukla against three persons namely, Asha Rani and her husband Shrivendra Dutt Shukla (real brother of informant) and Shila Devi.

5. In the said FIR dated 11.7.2018 the informant made allegations that his father Vidyasagar Shukla gifted the Benami Property to him on 1.6.2018 and the said property has been sold by Asha Rani Shukla (Bhabhi of the complainant) fraudulently.

6. The police collected the material and charge sheet was filed against the applicant and the applicant had challenge the charge sheet by filing Crl. Misc. Case No. 24708 of 2019 and this Court directed that applicant is permitted to move discharge application through counsel vide order dated 28.6.2019. In pursuance of the direction issued by this Court the applicant preferred discharge application which was decided by the Judicial Magistrate Chakia, District Chandauli on 21.9.2019 and the said discharge application was dismissed. Thereafter, the revision was preferred which too was dismissed on 16.3.2021 passed by the Sessions Judge, Chandauli in Criminal Revision No. 27 of 2020. The applicant being aggrieved has filed application U/s. 482 before this Court

7. Submission of counsel for applicant:

A. That before the Magistrate, applicant relied on the judgment i.e. 2013 Vol. I ACR 591 (S.C.) Satish Mehra Vs. State of N.C.T. of Delhi & another relating to quashing of charges. It was arising out of Criminal Petition under Section 482 Cr.P.C. decided by Delhi High Court. Paragraphs 20 to 22. It is stated that charges under sections 420, 467, 468, 471 and 12B of I.P.C. are quashed by High Court against one of the Accused S.K. Khosala and Apex Court has held that High Court had not committed any error in quashing the charges against the accused.

B. That another judgment referred by trial court as cited by applicant is 2009 Volume VIII SCC 741 M. Ibrahim Vs. State of Bihar. It is again related to quashing of criminal proceeding/ complaint case after framing charge and Apex Court examined the matter under Sections 420, 467, 471 and 504 I.P.C. and held that sale deed executed by accused do not forge a document, hence held in paragraph 12 of said judgment that there is no forgery, hence Section 467/471 I.P.C. is concern, it has been held that since ingredient of cheating as per section 415 I.P.C. are not found and therefore, offence is made out. It was also found that there is no deceit or fraud committed by accused person of that case and ultimately conclusion had been arrived by Apex Court that charges framed under those sections are also quashed.

C. That the two judgments, State Vs. Daraswmami and others, reported in AIR 2019 S.C. 1518