Neutral Citation No. - 2025:AHC:21978 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2240 of 2025 Applicant :- Mahesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Mishra,Shakti Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sanjeev Kumar Mishra, learned counsel for the applicant, Sri Vikas Sharma, learned State Law Office, who appears for the State of U.P. 2. This is an application U/s 482 CrPC preferred by the applicant for quashing the proceedings of Case No. 4495 of 2024 (State Vs. Mahesh Chandra), arising out of Case Crime No.26 of 2022, under Sections 419, 420, 467, 468, 471, 120-B, 506 IPC, P.S. Aunchha, District Mainpuri as well as Charge Sheet dated 06.06.2024 and cognizance/summoning order dated 25.07.2024, passed by Additional Civil Judge (J.D.)/Judicial Magistrate-I, Mainpuri. 3. Learned counsel for the applicant submits that though a first information report under Sections 419, 420, 467, 468, 471, 120-B, 506 IPC stood lodged being FIR No.0026 on 16.03.2022 with regard to the allegation that one Shyam Devi, who happens to be the aunt of O.P. No.2, post demise of her husband married to one Sri Radhey Shyam. Allegation is that one Kamla Devi, the mother of the applicant was planted as an imposter and a sale deed was executed in 2020. According to the learned counsel for the applicant no civil suit has been lodged by Shyam Devi. It is submitted that it is nothing but the case of malicious prosecution. 4. Learned A.G.A. on the other hand submits that at Page-52, there happens to be a statement under Section 161 CrPC of Shyam Devi, wherein she deposed that she has not executed sale deed in favour of Smt. Kamla Devi. 5. Having heard learned counsel for the parties and after perusing the record, this Court is of the opinion that the offences are made out, particularly in view of the fact that it is thoroughly immaterial that FIR ought to have been lodged by Smt. Shyam Devi, as a matter of fact, her nephew lodged the FIR and there is deposition at page-52 of the paper-book that she has not executed any sale deed. Thus in these circumstances, it cannot be said that no criminality stood attributed. 7. The application is accordingly consigned to record. Order Date :- 17.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad