MOHD.KHALID KHAN Vs. STATE OF U.P.& ANR.

Supreme Court of India

Appeal (Crl.), 2452 of 2009, Judgment Date: Aug 06, 2015

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO.2452 OF 2009


MOHD.KHALID KHAN                                            ... APPELLANT(S)

                                     VS.

STATE OF U.P.& ANR.                                        ... RESPONDENT(S)


                                    WITH

                        CRLIMINAL APPEAL NO.2453/2009



                              J U D G M E N T



Being aggrieved by the common order dated 25th July,  2007,  passed  by  the
High Court  of  Judicature  at  Allahabad,  Lucknow  Bench  at  Lucknow,  in
Criminal Miscellaneous Case Nos.462/2007 and 390/2007, the  appellants  have
filed these appeals challenging the validity of the said order.   By  virtue
of the impugned order,  the  applications  filed  by  the  appellants  under
Section 482 of the Criminal Procedure Code had been dismissed  by  the  High
Court.
We have heard the learned  counsel  for  the  parties  at  length  and  upon
hearing them, we find that a Suit and a First  Appeal  are  pending  on  the
subject matter of the present  litigation  and  the  issue  with  regard  to
ownership of the land in question is yet to be finalised in  the  said  Suit
and in the First Appeal.
In the circumstances, we would not like to pass any observation which  might
adversely affect any of the parties in pending civil litigation.
Suffice it to say at this stage that while rejecting the applications  filed
under Section 482 Cr.P.C., the  High  Court  had  considered  certain  facts
which prima facie might not be correct.  Some observations  with  regard  to
the oral gift (Hiba)  have  been  made  which,  according  to  us,  are  not
correct, as we do not find  the  same  in  the  sale  deed  which  had  been
executed in favour of the present appellants.
Looking at the aforesaid facts, we are of the view that  at  this  stage  no
case has been made out against the present  appellants  for  initiating  any
criminal proceedings.  Therefore, we set aside the impugned order so far  as
the present appellants are concerned and quash the  process  issued  against
them and also the charge-sheet  filed  against  the  present  appellants  in
pursuance of First Information Report No.332 of  2005  dated  31st  October,
2005 lodged at Police Station, Wazirganj, District Lucknow.
The appeals are allowed.



The original record is to be returned to the trial court forthwith.


                                                            ..............J.
                                                              [ANIL R. DAVE]



                                                            ..............J.
                                                               [AMITAVA ROY]
New Delhi;
6th August, 2015.