SHANKAR LAL GAJENDRA Vs. BHUPENDRA GAJENDRA

JUDGEMENT

(1.) Heard-The applicant has preferred this application under Section 438 of Cr.P.C., apprehending his arrest in connection with Complainant Case No. 269/11 pending in the Court of Judicial Magistrate First Class-Dhamtari and registration of offence under Sections 420, 468 and 471 of the I.P.C.

(2.) Case of the complainant, as set out in the complaint, is that in the year 1977, in the family partition, 4 acres of land was given to the father of the applicant namely Ramadhin with the stipulation that after death of Ramadhin the same would be distributed equally amongst 4 brothers including the applicant. But later on, the applicant interpolated the said Batwara Nama and in the place of 4 brothers, he introduced his name as the sole successor of the property of his father and on that basis, got the property mutated in his name in revenue records.

(3.) Learned Counsel for the applicant submits that during lifetime of his father and Sunderlal, father of the complainant-Bhupendra, no dispute was raised. He further submits that the basis of mutation and claim over the land of his father-Ramadhin is not the Batwara Nama of 1977 or the stipulation contained therein but a will in favour of the applicant executed by late Ramadhin in the year 1985. He further submits that a civil suit is already pending between the parties relating to aforesaid dispute as to whether the applicant was entitled to succeed to the property belonging to his father by virtue of will executed by him. He further submits that the applicant is never claiming on the basis of the said Batwara Nama, but his claim is always on the basis of the will deed and a false case has been registered.