Criminal Miscellaneous Case No. 21527 of 2008. Case: 1. Abrar Khan, 2. Mohd. Sadiq Vs State of Uttar Pradesh and Another. High Court of Allahabad (India)
| Case Number | Criminal Miscellaneous Case No. 21527 of 2008 |
| Judges | Alok K. Singh, J. |
| Issue | Code of Criminal Procedure, 1973 (as amended by Act No.25 of 2005 & Act No.2 of 2006) - Section 156(3) |
| Judgement Date | November 09, 2009 |
| Court | High Court of Allahabad (India) |
Judgment:
Alok K. Singh, J.
Heard Sri Ram Lakhan Devanshi, Advocate holding brief of Sri Muqim Ahmad, learned counsel for the applicants, learned A.G.A. and perused the material on record.
As per report of learned C.J.M. dated 29.09.2008 opposite party no.2 (the complainant) has been served personally but nobody is present today.
The facts giving rise to this petition are that both the applicants happen to be marginal witnesses of the sale deed which is said to had been executed in respect of half of the share Khasra No.45-B area 3.44 hectares and Khasra No.45-A area 0.915 hectares by the mother in favour of her son. The son is not a party in this case. Learned counsel for the applicants points out that in Annexure-3 Khatauni of the year 1414-1419 fasli, the land in question has been entered in the name of son of the complainant. In the last column it is mentioned that the son of the complainant namely Mohd. Talha took a loan of rupees one lac after mortgaging this property. Learned counsel says that for this purpose only the land was transferred by the mother in favour of the son and now probably the son does not want to pay off the loan and that is why an application under Section 156 (3) Code of Criminal Procedure, 1973 was got filed in the name of mother before the court below saying that her son had connived with the...
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