Kanta Alias Ramakant Vs State Of U.P. And 4 Others

Allahabad High Court (Single Judge)

MATTERS UNDER ARTICLE 227, 3238 of 2015, Judgment Date: Jul 09, 2015

Case :- MATTERS UNDER ARTICLE 227 No. - 3238 of 2015
Petitioner :- Kanta Alias Ramakant
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Birendra Singh
Counsel for Respondent :- Govt.Advocate
Hon'ble Manoj Kumar Gupta,J.
The petitioner filed an application under section 156(3) Cr. P.C. before
the learned Magistrate with the allegation that Smt. Sunardei had only
45.25 decimal of land to her share in the joint property, which she had
already transferred long back. Despite that, she again by means of sale
deed dated 3 October 2011 transferred 117 decimal in favour of
Amarjeet Yadav. The learned Magistrate treated the application to be a
complaint and after recording the statement of the petitioner under
section 200 Cr. P.C. and of his witnesses under section 202 Cr. P.C.
came to the conclusion that the dispute between the parties is of a
purely civil nature and accordingly dropped the proceedings in exercise
of power under section 203 Cr. P.C. Aggrieved by the said order, the
petitioner filed Criminal Revision No. 510 of 2014, which has been
dismissed by the Additional District & Sessions Judge, Court No. 9,
Gorakhpur.
Learned counsel for the petitioner vehemently contended that the
petitioner had purchased half share of the property by means of a
registered sale deed dated 17 October 1975 and his brother had
purchased one-fourth share. It is pointed out that Sunardei had already
transferred her share to the extent of 34 decimal by means of sale
deeds dated 1 August 2001 and 26 June 2001 and thus, execution of
sale deed dated 3 October 2011 by her for an area ad-measuring 117
decimal to the second respondent is a result of fraud and for which she
was liable to be prosecuted under sections 417, 419, 440, 467, 468 and
506 IPC.
I have perused the complaint and the material on record as well as the
impugned orders passed by the Courts below. The Revisional Court has
held that the question whether the sale deed dated 3 October 2011
executed by Smt. Sunardei in favour of the second respondent was in
excess of her share, is essentially a dispute of a civil nature and thus,
refused to interfere with the order of the learned Magistrate dropping the
proceedings.
I do not find any illegality in the view taken by the Courts below to
warrant interference in exercise of supervisory jurisdiction under Article
227 of the Constitution of India.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 9.7.2015
AM/-