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NON-REPORTABLE

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

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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.  

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The original record is to be returned to the trial

court forthwith.

       ..............J.

[ANIL R. DAVE]

..............J. [AMITAVA ROY]

New Delhi; 6th August, 2015.

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