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2025 DAILYLAW 198019 (ALL)

KHATUN JHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4162/2025 · 2025-10-27

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4162 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed with the prayer to quash the entire proceedings of Sessions Case No.2964 of 2003 (State Vs. Jagtar Singh & Ors.) pending before learned Court of Chief Judicial Magistrate, Kheri alongwith impugned chargesheet dated 12.2.2003 arising out of Case Crime No.378 of 2002, under Sections 420, 467, 468 I.P.C., Police Station Gola, District - Kheri. 3. Learned counsel for the applicant submits that present petition is filed by Khatun Jahan, w/o Late Ajmat Ajeem Khan r/o Lakharawa, Gola Gokaran Nath, Kheri, duly sworn by Arbaj Khan S/o Najakat Khan r/o Lakharawa, Post Muda Savaran, Lakharawa, Kheri claiming himself as nephew of the applicant. He further submits that as per the prosecution case, Ajmat Ajeem Khan was the recorded tenure holder of the property in question, as he was issue less, therefore, after his death in the year 1976, the property was mutated in the name of his wife, namely, Smt. Khatun Jahan. He also submits that one Khatun Begum w/o Jareef Khan r/o Chandiyana, P.S. Baresena, Bulandshahr claimed herself as Khatun Jhan w/o Late Ajmat Ajeem Khan and executed a sale deed in favour of the named accused persons. He also submits that charge sheet was submitted by the Versus Counsel for Applicant(s) : Abhishek Awasthi, Shuchita Singh Counsel for Opposite Party(s) : G.A. Khatun Jhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Investigating Officer against (i) Jagtar Singh S/o Sri Desh Singh R/o Grant No.3, Hindustan Farm, P.S. Mailani, (ii) Sukhjinder Singh S/o Ajeet Singh R/o Rehariya, P.S. Mohammadi, (iii) Balwant Singh s/o Charan Singh R/o Baslipur, Gola, (iv) Ajeej Khan S/o Haqram Ullah Khan R/o Lakhrawa, P.S. Gola, (v) Nazakat Ali S/o Ajeej Khan R/o Lakhrawa, P.S. Gola, (vi) Jagtaar Singh S/o Balwant Singh R/o Baslipur, P.S. Gola, (vii) Khatun Begum w/o Jareeb Khan R/o Yadiyana, P.S. Barsena, Bulandshahr and trial was proceeded, thereafter, all of sudden, one application was filed by the informant of the present case on 7.12.2024 informing that the accused Khatun Begum w/o Jareef Khan placed the credentials of Khatun Jahan, who already died on 27.2.2006 only with the intention to escape from trial, therefore, N.B.W. was issued against her and she was placed before trial court, however, later on, she was enlarged on bail. He lastly submits that charge was already framed against the applicant without giving any opportunity of moving discharge application and trial is going on, therefore, indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident from the record that F.I.R. of the case in question was lodged by the informant claiming himself brother of Late Ajmat Ajeem Khan. Neither any Kutumb Register nor any other relevant document have been placed by the applicant before this Court to show her credential. It is also admitted by the learned counsel for the applicant that charge has already been framed against the applicant and the trial is going on, therefore, at this stage credentials of the accused cannot be examined. 6. In view of the above, the present application is misconceived and is accordingly, dismissed. October 27, 2025 GauraV/- A482 No. 4162 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench