ion>Ram Surat Ram (Maurya)#10UP500Judgment/OrderMANURam Surat Ram (Maurya),ALLAHABAD2018-6-817483,16247,16263,16314,16315,16630,16632,16258,16604,16605,16608,16611,16653,16654,16655,16657,16652 -->

MANU/UP/2234/2018

True Court CopyTM

IN THE HIGH COURT OF ALLAHABAD

Application U/S. 482 No. 14358 of 2018

Decided On: 31.05.2018

Appellants: Vivek Kumar Singh Vs. Respondent: State of U.P. and Ors.

Hon'ble Judges/Coram:
Ram Surat Ram (Maurya)

ORDER

Ram Surat Ram (Maurya), J.

1. Heard Sri Indra Deo Mishra, for the applicant and Sri Rajeev Lochan Shukla, for contesting opposite party-2.

2. This application under Section 482 Cr.P.C. has been filed for quashing the summoning order passed by Additional Chief Judicial Magistrate, dated 02.01.2018, passed in Complaint Case No. 3144 of 2017 Santara @ Shanti Devi v. Narendra Prasad and others, under Section 406, 420, 467, 468 IPC, PS Luxa, district Varanasi, as well as entire proceeding of this case.

3. Santara @ Shanti Devi (opposite party-2) lodged an FIR (registered as Case Crime No. 8 of 2017, under Section 406, 420 IPC, PS Luxa, district Varanasi) on 17.01.2017, against (i) Manoj Kumar (ii) Smt. Parmila Devi (iii) Dinesh Kumar (iv) Abhishek Kumar Singh (v) Vivek Kumar Singh (vi) Mahendra Pratap Singh (vii) Rajendra Kumar Singh and (viii) Naresh Prasad Singh. It has been alleged in FIR that the complainant was married to Bhai Lal, resident of village Bind, tahsil Kerakat, district Jaunpur and had two sons and one daughter. Her husband died in February 2000. Since then she was living with her son in Allahabad. She inherited plots 288, 292, 298, 337, 338, 339, 340, 363, 869, 871, 872 (total area 2.934 hectare) of village Andika, district Azamgarh, plots 1086 and 1120 (total area 1.315 hectare) of village Sulemapur, district Azamgarh and plot 199 (area 0.130 hectare) of village Meerpur, district Azamgarh from her father. Above named accused used to look after her aforementioned agricultural holdings and she had full faith upon them. Narendra Kumar Singh and Rajendra Prasad Singh took her from Allahabad to Varanasi in August 2016 under a conspiracy on the pretext that her land was being acquired by government for road widening and she had to execute a sale deed in favour of government. From Varanasi, they took her to tahsil Phulpur district Azamgarh, where they obtained her photos and thumb impressions on certain papers, in the garb of execution of the sale deed in favour of the government. After about one and a half months they again took her to Varanasi and opened a joint account at Union Bank of India, Godauliya Branch, Varanasi, in which they got their names entered as co-account holder and assured her that the amount of compensation would be deposited in the Bank. In the meantime, they again took her to tahsil Phulpur and obtained her thumb impressions on various papers. They sent Rs. 6 lakhs in November, 2016 to her and said this was part payment of compensation; remaining compensation would be deposited in her account in Bank. Later on they refused to attend her telephone. Then on suspicion, she got inspection of record made and came to know that the accused got a gift deed dated 05.08.2016 executed of plots 298, 337, 338, 339, 340, 363, 869, 871, 872 (total area 2.005 hectare) of village Andika, district Azamgarh, in their favour. Although she got compensation of Rs. 69,8........