Idris Khan and Others vs Asghar Ali Khan and Another

B.N. Katju, J.—This is an application u/s 482 Code of Criminal Procedure to quash the proceedings pending against the applicants in the court of Munsif Magistrate, Kairana, District Muzaffarnagar, in Asghar Ali v. Mst. Sufia and Ors. Criminal Case No. 554 and 9 and 76 u/s 465/467 IPC on the basis of the complaint filed by Asghar Ali Khan opposite party No. 1 on 23-10-1975.

It was alleged in the aforesaid complaint filed by opposite party No. 1 that Smt. Sufia applicant No. 4 impersonated Smt. Ruqaiyya Begum and executed a sale deed on 2-5-1975 in respect of agricultural land in favour of Idris Khan applicant No. 1 and Mashooq Ali Khan and Mustafa Khan applicants Nos. 2 and 3 were the witnesses of the said sale deed. Idris Khan applicant No. 1 on the basis of the aforesaid sale deed instituted mutation proceedings on 15-9-1975 u/s 34 of the U.P. Land Revenue Act in the court of Tehsildar, Kairana, and filed the original sale deed dated 2-5-1975 in the aforesaid proceedings.

It is clear from the allegations made in the complaint that the offences under Sections 465 and 467 IPC alleged to have been committed by the applicants were in respect of a document produced before the Tehsildar, who is a revenue court, in proceedings u/s 34 of the U. P. Land Revenue Act. In these circumstances the cognizance of the offences under Sections 465 and 467 IPC against the applicants on the basis of the complaint filed by Asghar Ali Khan opposite party No. 1 was clearly barred u/s 195(1)(b)(ii) Code of Criminal Procedure, 1973.

This application is accordingly allowed and the proceedings against the applicants in Criminal Case No. 554/9/76 Asghar Ali v. Mst. Sufia and Ors. under Sections 465/467 IPC pending in the Court of Munsiff Magistrate, Kairana, district Muzaffarnagar, are quashed.