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