ORDER :

(Shiv Shanker Prasad, J.)

1. Heard Mr. Satendra Narayan Singh, learned counsel for the applicant, Mr. Rakesh Kumar Mishra, learned counsel for opposite party no.2 and learned A.G.A. for the State.

2. The application under Section 482 Cr.P.C. No. 727 of 2023 has been filed on behalf of the applicant to quash the charge-sheet No. 58 of 2022 dated 10.04.2022, cognizance/ summoning order dated 14.04.2022 as well as entire proceedings of Case No. 517 of 2022 (State Vs. Nasir Khan), arising out of Case Crime No. 130 of 2021, under Sections 420, 467, 468, 471, 504, 506, 447 I.P.C., Police Station Kotwali, District Rampur, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Rampur.

AND

The application under Section 482 Cr.P.C. No. 27887 of 2022 has been filed for quashing the summoning order dated 16th July, 2022 as well as the entire proceedings of Complaint Case No. 2537 of 2022 (Nihaluddin Vs. Nasir Khan & Others), under Sections 417, 452, 323 and 504 I.P.C., Police Station- Kotwali, District Rampur, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Rampur.

3. Since the issue and laws on the subject are similar and identical, both the applications have been clubbed together and are finally decided by means of this common judgment. The application under Section 482 Cr.P.C. No. 727 of 2023 is being treated to be the leading case in which affidavits have been exchanged between the parties.

Version as unfolded in the FIR

4. The present criminal case borne out from a first information report lodged by Nihal-uddin Khan i.e. opposite party no.2 on 4th July, 2021 at 2357 hours against as many as 23 accused persons including the applicants. In the said FIR, it has been alleged that mother of the informant namely Raees Jahan Begum was having 14 Bigha land situated at Mohalla Culcutta, Police Station Kotwali, District Rampur, which was obtained by her through registered sale deed dated 25.06.1966. She died on 01.11.2015 and after her death her sons namely Alauddin, Haseemuddin and Nihaluddin (informant) have become the owners of the said land. It is alleged that taking advantage of the helplessness of the informant, the applicant after committing criminal conspiracy with the help of others obtained forged and fabricated power of attorney by one Sabir Khan but the applicants and their mother had not sold the said land. Sabir Khan died on 17.09.2004 and after his death the Power of Attorney became invalid. But the applicant has executed sale deeds on 25.07.2018, 28.02.2011, 13.05.2013, 26.07.2016, 17.01.2017, 28.03.2013, 17.02.2016 and the same are illegal and the persons concerned are trying to get possessions for which an application was given to the District Magistrate and an F.I.R. as Case Crime No. 39 of 2020, under Sections 323, 504, 506, 307 I.P.C. was lodged against the applicant. The applicant has threatened the informant hence the present F.I.R. has been lodged.

Case of the Applicant

5. Learned counsel for the applicant submits that the alleged incident was occurred on 18.05.2021, whereas the first information report has been lodged after two months of the incident i.e. 04.07.2021 and there is no plausible explanation about the delay in lodging of the F.I.R.

6. After lodging of the aforesaid FIR, the investigation proceeded and the Investigating Officer has recorded the statement of the informant under Section 161 Cr.P.C. in which he has reiterated same version as unfolded in the F.I.R. The Investigating Officer also recorded the statements of formal witnesses, namely, Constable Sushil Kumar, S.I. Raees Ahmad, S.I. Vishwabandhu, S.I. Dharmendra Singh, Dr. Vivekanand (Executive Officer), Premendra Singh (Lekhpal) and Kaushal Dixit (Sub Registrar) under Section 161 Cr.P.C. and they have not supported the allegations made in the F.I.R. After conclusion of the statutory investigation under Chapter XII Cr.P.C., the Investigating Officer on 10.04.2022 submitted the charge-sheet No. 58 of