Court No. - 85

Case :- APPLICATION U/S 482 No. - 8731 of 2013

Applicant :- Ram Narayan And Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Anil Srivastava,Anil Kumar Verma

Counsel for Opposite Party :- Govt. Advocate,A.K.

Sharma,Awadhesh Kumar Singh

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants learned A.G.A and

perused the record.

This application under section 482 Cr.P.C has been filed by the

applicants with a prayer to quash the entire proceedings of

Complaint Case No. 113 of 2010, under sections 463,467,468

and 120-B I.P.C, police station Cannt, District Varanasi.

It is submitted that in this case the applicants were falsely

involved with false allegation in the complaint for preparing

fabricated will deed and getting the order from the

Consolidation Authority passed on the basis of that forged will

deed. It is further submitted that the dispute was decided in

favour of the applicants by Consolidation Authority against

which the opposite party filed revision which was not pressed

by the complainant on the basis of compromise entered into

between the parties. The name of applicants was also entered

in the revenue record. In this way, no offence is made out

against the applicants, even though these facts were not

considered by the court concerned while passing the

summoning order on 22.10.2012. It is further submitted that this

case is of a civil nature, therefore, requested to quash

summoning order dated 22.10.2012.

Learned A.G.A opposed the prayer for quashing the entire

proceedings of the case and urged that at this stage the veracity

and reliability of the statements made by the complainant as

well as other witnesses cannot be tested but it is possible

during trial. Further urged that the applicants may have an

option for moving discharge before the court concerned with

their submissions which will be taken into consideration.

Considering the facts and circumstances of the case,

submissions made by the learned counsel for the parties and

perusal of record, it appears that in this case the allegation

regarding preparation and use of forged will deed was made in

the complaint and these allegations were supported by the

complainant in his statement under section 200 Cr.P.C and

other witnesses under section 202 Cr.P.C and on considering

the material on record, the order in question was passed by the

learned Magistrate. At this stage the reliability and veracity of

the statements of complainant as well as other witnesses cannot

be decided but it can be done during the trial. The applicants

may have an option to move for discharge before the court

concerned with their submissions as aforesaid which will be

taken into consideration by the court while making disposal of

the application for discharge.

Accordingly, this application is disposed of finally.

Order Date :- 30.11.2022

G.S

Digitally signed by GHAN SHYAM

Date: 2022.12.09 13:51:45 IST

Reason:

Location: High Court of

Judicature at Allahabad