-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2452

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2452 OF 2009

MOHD.KHALID KHAN

,
AMITAVA ROY

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.