NAWABODDIN AND ORS. Vs. THE STATE AND ORS.

JUDGEMENT

(1.) THE present petition is filed by the petitioners who are arrayed as Accused Nos. 3 to 9 in Crime No. 49/2015 for quashing of the entire proceedings initiated against them for the offence punishable under Section 419, 420, 465, 468, 470 and 471 read with Section 149 of IPC.

(2.) AFTER issuance of notice, the respondent No. 2 is represented by the counsel Sri B.V. Jalde and the respondent No. 1 - State is represented by the learned High Court Government Pleader.

(3.) ON perusal of the materials on record it reveals that on 29.03.2015, the second respondent lodged a first information report before the Gandhi Gunj Police, Bidar, stating that his father had three sons by name Maqbool Ali, Iqbal Ali and the second respondent, all of them jointly purchased the land bearing survey No. 58/1 of Amlapur, measuring 7 acres 3 guntas under registered sale deed from Sri Shahafatulla Kadri S/o. Shaha Turab Ali of Bidar and their names have been mutated jointly in respect of the said land. It is alleged that his brother Iqbal Ali died in the year 1989. It is further alleged that in the year 1993, the accused persons particularly A1 and A2, who are no other than the brothers of respondent No. 2, in collusion with all other accused persons created sale deeds by impersonating the respondent No. 2 and also forging the signature of respondent No. 2 entered into the sale transaction with each other in order to defeat the valuable rights of respondent No. 2. Therefore, alleging that all of them are responsible in creating such documents, impersonating the respondent No. 2, have cheated the respondent No. 2 and as such, he requested for taking action against the accused Nos. 3 to 9 and other accused persons.