JUDGMENT :

SHAMIM AHMED, J.

1. Heard Shri Dharmendra Kumar, learned Counsel for the appellants, Mohammad Nauman, learned Counsel for opposite party No. 2 and Shri Ashok Kumar Singh, learned AGA-I for the State-opposite party No. 1.

2. This Criminal Appeal has been filed under Section 14 (A) 1 of the Schedule Castes & Schedule Tribes (Prevention of Atrocities), Act, 1989 against the impugned order dated 30.10.2021 passed by learned Special Judge, (SC/ST Act), Barabanki, whereby application for discharge No. B-53 moved by the appellant/accused in Sessions Trial No. 1137 of 2021 arising out of Crime No. 424 of 2021 under Sections 419, 420, 467, 468, 471 and 120-B I.P.C. & Section 3(2)(v) of SC/ST Act, relating to Police Station-Kotwali, District-Barabanki has been rejected.

3. Counter affidavit filed today in the Court by learned Counsel for the opposite party No. 2 is taken on record.

4. Learned counsel for the appellants submits the appellant No. 1 is a practicing lawyer, who has signed the will deed dated 27.10.2016 alongwith appellant No. 2 as marginal witness due to non-availability of second witness, which was executed by one Basantlal in favour of co-accused, namely-Manish Kumar Verma, in respect of land Gata No. 23/0.507, Gata No. 35/0.315 situated in village-Faijullaganj, Tehsil Nawabganj, District- Barabanki. He further submits that the executor of the said will deed, namely-Basantlal who was an old age person and had died during treatment on 18.11.2016 and the co-accused Manish Kumar Verma after the death of Basantlal moved a mutation application before the concerned Tehsildar on 01.12.2016. Thereafter, cousin sibling of opposite party No. 2 has filed objection to the aforesaid mutation application on 30.03.2017 claiming the will deed to be forged but the Tehsildar having heard the parties and gone through the record has allowed the mutation application moved by co-accused Manish Kumar Verma vide order dated 05.04.2019 rejecting the objection filed by the cousin sibling of opposite party No. 2. Thereafter, the opposite parties being aggrieved filed a civil suit for cancellation of the said will deed in the court of Civil Judge, Junior Division, Barabanki on 31.08.2019. He further submits that after registration of F.I.R. the appellants have challenged the same by way of W.P. No. 13182 (M/B) of 2021, in which this Hon'ble Court having heard the parties has stayed the arrest of the appellants vide order dated 29.06.2021 till filing of charge sheet. Thereafter, the Investigating officer during course of investigation has recorded statement of the complainant, in which he repeated the allegation of first information report but did not disclose fate of civil litigation pending in between the parties with regard to will deed. He next submits that Investigating officer recorded the statement of several witnesses who stated that Basantlal was residing at Haryana and died forty years ago and they came to know that co-accused, namely-Manish Kumar Verma has got mutation of land on the basis of forged will deed and per the stand of the complainant, his grandfather, namely-Basantlal who died at Harayana for last forty years ago even his land was not mutated in the name of legal heir and as per case of appellants, they signed the will deed executed by the Basantlal in their presence on 27.10.2016, who later on died on 18.11.2016 but Investigating Officer without verifying the fact as to whether, the person who executed the said will deed on 27.10.2016 and died on 18.11.2016 and has filed the charge sheet against the appellants.

5. Learned Counsel for the appellants further submits that primarily the dispute between the parties is civil in nature he has drawn attention of this Court to a civil suit filed by the complainant for a relief of cancellation of the said will deed. He further submits that regarding mutation certain litigation between the parties is pending before the revenue court as well. In light of the aforesaid submissions, it