RESHMA PRITI Vs. NAVDEEP SINGH

JUDGEMENT

(1.) The petitioner by way of this petition under Section 482 of the CrPC seeks quashment of order dated 24-9-2010 passed by the Judicial Magistrate First Class, Raipur in Criminal Case No.625/2010, whereby complaint case has been registered against the petitioner for the offences punishable under Sections 120B, 420, 467, 468 and 471 of the IPC.

(2.) The petitioner was, at the given point of time, member of Sarvoday Grih Nirman Samiti (Maryadit), Raipur (for short, 'the Society'), which is a registered co-operative society in terms of the Chhattisgarh Co-operative Societies Act, 1960. On 20-9-2005, the petitioner applied for allotment of plot No.36, area 3,300 sq.ft. owned by that Society. At that particular time, registered body of the Society was not in existence and thus Liquidator was appointed under Section 70 of the Chhattisgarh Co-operative Societies Act, 1960, therefore, the petitioner's application was considered by the Liquidator of the Society and on 27-9-2005, the Liquidator of the Society allotted plot to the petitioner subject to the condition that advertisement in respect of ownership of the plot will be published in the newspaper and permission will be obtained from the Registrar, Co-operative Societies and subject to other conditions, the plot was allotted vide Annexure P-2. Ultimately, objections were invited on 25-4-2008 vide Annexure P-3 and also it is said that vide Annexure P-1, the Additional Registrar, Co-operative Societies has directed the Joint Registrar, Co-operative Societies to direct the Liquidator of the Society to proceed in accordance with law for allotment of vacant plot. Ultimately, on 1-6- 2009, the subject land was registered in favour of the petitioner vide Annexure P-4 and sale deed was registered by the Liquidator in her favour on payment of consideration of Rs. 3,30,000/- and thereafter, it is said that the petitioner came into possession.

(3.) It appears that thereafter, respondent No.1 herein made a complaint to the police and it was investigated by the Station House Officer, Police Station Gol Bazaar, Raipur on 19-6-2010 and it was found that the subject land was allotted to Navdeep Singh, respondent No.2 herein, but he did not make any construction for 17 years and thereafter, the Liquidator of the Society has allotted the subject land to the petitioner after inviting objections and after payment of consideration amount by the petitioner, as such, no offence is said to have been made out against the petitioner. Thereafter, complaint was filed on 8-6-2010 for the offences punishable under Sections 420, 467, 468, 471 and 120B of the IPC in which the learned Magistrate by the impugned order dated 24-9-2010 took cognizance of the offences and directed for issuance of process against the petitioner which has been called in question in this petition.