IMPORTANT POINT
Criminal proceedings for forgery cannot proceed without challenging the validity of the disputed document in a competent civil court.

JUDGMENT :

Heard Sri Sachida Nand Tripathi, learned counsel for the revisionist and Sri Awadhesh Kumar Yadav, learned counsel for the opposite party nos. 2 and 3.

2. By means of this instant criminal revision instituted u/s 397/401 Cr.P.C., the revisionist has assailed the impugned judgement and order dated 02.08.2022 passed by Civil Judge (Junior Division)/Judicial Magistrate, Basi, Siddharth Nagar in Complaint Case No. 258 of 2005 u/s 245 Cr.P.C. (Tulsi Ram Vs. Indramati and others).

3. By the impugned judgement and order, the trial court has allowed the discharge application filed by the accused u/s 245 Cr.P.C.

4. Averment has been made by learned counsel for the revisionist that the trial court has discharged the accused vide impugned judgement and order without considering the evidence on record. It has been next submitted that complainant had examined the witnesses u/s 244 Cr.P.C. and produced the documentary evidence. There was sufficient reason to frame charge against the accused u/s 419, 420, 467, 468, 471 I.P.C. but the trial court without applying its judicial mind to the evidence on record has illegally discharged the accused u/s 245 Cr.P.C. It has also been submitted that the trial court by the impugned judgement and order, discharged the accused of the offence u/s 419, 420, 467, 468, 471 I.P.C. on the ground that case u/s 9 of U.P. Consolidation of Holding Act was allowed in favour of the accused and the same is sub-judice before the S.O.C. whereas the judgement of the Consolidation Court has no impact on the criminal proceedings. From the evidence produced by the complainant, prima facie offence u/s 419, 420, 467, 468, 471 I.P.C. is made out against the accused, namely, Indramati wife of Phool Ram, Krishna Ram and Krishna Mohan, sons of Ram Ujagir, and Sabhapati Shukla son of Vansh Raj. Therefore, it is requested that the impugned judgement and order be set-aside and the trial court be directed to proceed against the accused after framing of charge against them.

5. Per contra, learned counsel for the opposite party nos. 2 and 3, Krishna Mohan and Sabhapati, has submitted that the trial court vide order dated 13.04.2011 had illegally summoned them u/s 419, 420, 467, 468, 471 I.P.C. for trial whereas there is no evidence against them. It has also been submitted that the opposite party nos. 2 and 3 are merely the marginal witnesses and writer of the will deed respectively. The main accused, Indramati and Krishna Ram have died. The trial court vide order dated 02.08.2022 has rightly and legally allowed the application u/s 245 (2) Cr.P.C. and discharged opposite party nos. 2 and 3 of the charge. There is no illegality or infirmity in the impugned order and there is no ground to interfere with the same.

6. Learned counsel for the revisionist and learned counsel for the opposite party nos. 2 and 3 have been heard. Perused the entire evidence present on the revision and the impugned order passed by the revisional court.

7. The complainant Tulsi Ram alleging that Ram Ujagir had four sons, namely, Tulsi Ram (complainant), Krishna Ram, Krishna Mohan and Phool Ram. Phool Ram had died earlier and his wife Indramati and son Vashistha were his legal heirs. After death of Ram Ujagir, his four legal heirs, Tulsi Ram, Krishna Ram, Krishna Mohan and Vashistha each inherited 1/4-1/4 part of his property through succession. The father of the complainant, Ram Ujagir had in his lifetime executed sale deed of 1/4th of his agricultural land, namely, plot no. 107 situated in village- Vakainiya in the year 1985 in the favour of Mohd. Hanif and remaining 3/4th in favour of Krishna Mohan, Krishna Ram and Vashistha. In the year 1988, Krishna Ram and Vashistha executed sale deed of their share of land in favour of Sai Mohammed etc. Krishna Mohan and Vashistha executed sale deed of 1/5th of plot no. 109 (Gata No. 179/0.205 aer) in village- Mahua in favour of Om Prakash Pandey on 12.08.1999. On 07.07.1999, Krishna Mohan, Krishna Ram and Vashistha exe