Mohd. Ahmad vs State of U.P.and Another

A.N. Gupta, J.—Smt. Saroj Bhargava O.P. No. 2 filed criminal complaint No. 3367/90 under Section 420/419/120B I.P.C., P.S. Aminabad in the Court of Chief Judicial Magistrate, Lucknow on 20111990 against the petitioner, Prem Kishore Bhargava, Kanhaiya Lal Taridon and Pooran Chandra Tendon, alleging that her husband late Dr. Rameshwar Prasad Bhargava was Registrar of Homeopathic Board and used to reside as a tenant in H. No. 102/39,14B, Shiaji Marg, Lucknow. One Late Gopal Das Tandon was its owner and on his death Smt. Dhanno Bibi who was brother''s wife of Gopal Das Tandon, became the owner. In the year 1939 Smt. Dhanno Bibi executed a saledeed of the said house in favour of Late Dr. Rameshwar Prasad Bhargava and since then O.P. No. 2 has been owner in possession of the same. Sri Prem Kishore Bhargava is the son of the elder brother of husband of the complainant. Kanhaiya Lal Tandon, Pooran Chandra Tandon, and Smt. Sarswati Devi w/o Late Kishan Chandra Tandon executed a saledeed on 30121965 in favour of Prem Shanker Bhargava who in turn on 611984 executed a sale deed for Rs. 4,00,000 in favour of the petitioner. It was further alleged in the complaint that neither Kanhaiya Lal Tandon and Pooran Chandra Tandon had any right to execute any saledeed in favour of Prem Kishore Bhargava nor the latter had any right to execute saledeed in favour of the petitioner and they committed a fraud on the complainant by executing the said saledeeds.

The complainant examined herself under Section 200 Cr. P.C. One Mazahir Hussain was also examined under Section 202 Cr. P.C. Learned Magistrate by means of his order dated 421993 summoned the petitioner. Prem Kishore Bhargava, Kanhaiya Lal Tandon and Pooran Chandra Tandon under Section 120B, 467 and 419 I.P.C. against which this petition underSection 482, Cr. P.C. has been preferred seeking quashing of criminal complaint as well as of the summoning order.

None appears on behalf of O.P. No. 2 and therefore, this petition is being disposed of on merits after hearing learned Counsel for the petitioner only.

It is at once clear from perusal of the complaint that Smt. Saroj Bhargava O.P. No. 2 who had filed the complaint, simply alleges that Kanhaiya Lal Tandon and Pooran Chandra Tandon had no right to execute saledeed in favour of Prem Kishore Bhargava and the latter had no right to execute the saledeed in favour of the petitioner. This is essentially a Civil matter and in case the complainant wants to challenge validity of the saledeeds, she can take resort to Civil proceedings for cancellation of the same. No criminal case is made out either against the petitioner or against other accused persons.

The result is that this petition succeeds and is allowed. Criminal complaint filed against O.P. No. 2 and other accused persons'' is hereby quashed. Order dated 421993 passed by learned Magistrate summoning the petitioner and other accused persons, is also quashed.