This interim order in a Section 482 CrPC application stays proceedings against petitioners charged with cheating and forgery. The court directed the state to file a counter affidavit within four weeks and listed the matter for further hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 11
Case :- APPLICATION U/S 482 No. - 2726 of 2024 Applicant :- Vibhakar Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Dileep Kumar Yadav,Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
"5. That the applicants have falsely been implicated in this case due to malafide intention of informant under garb of Awadh Kumar Singh @ Malkhan against which Diwakar Singh has lodged the FIR at Case Crime no. 0135 of 2018 because he and his associates wee extending threat etc because Diwakar Singh has made complaint against him and his associates for illegal encroachment of gram sabha land, which has been ejected from their encroachment over gram sabha land as such Awadh Kumar Singh @ Malkhan @ Malkhan Singh and Nand Kumar (who were witnesses of alleged mutation application) (order dated 08.01.2019) have mutated the
name of Seema Singh showing her the daughter of original tenure holder Ram Bahadur Singh son of Devi Dayal Singh, whereas the allegations against present petitioners are having been physical possession of said land of gata no. 2/0.156 hectare regarding which section 447 I.P.C. was attracted but here is no legal notice been served to the petitioners therefore prima facie no case under Sections 419, 420, 467, 468, 471, 120B & 447 I.P.C. is made out against the petitioners. So far as the prosecution has not collected any evidence in support of their allegation. Whereas order in question has been set aside and now the land is reverted to its legal heirs i.e. (1) Sanjeev Kumar (son), Sujeet Kumar (son), Mayawati (daughter in law) wife of Late Kaushal and Suraj (grandson) son of Late Kaushal Although entire enquiry has been completed behind the back of petitioners which is against the principles of natural justice now even there is no dispute regarding the ownership of land because land has been reverted to its owners. Insofar as the petitioners have never borne the fruits of said land in question."
[Rajesh Singh Chauhan,J.]
Order Date :- 20.3.2024/kkv/
Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioners should be discharged from charges of cheating, forgery and criminal conspiracy as prima facie no offence is made out.
1 provisions across 1 enactments
Vibhakar Singh And 2 Others
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
