LAXMIKANT HARLALKA Vs. FIROZ KHAN

JUDGEMENT

(1.) Since common facts are involved in these batch of petitions, they were heard analogously and being decided by this common order.

(2.) Complainant-Shri Firoz Khan filed three applications/complaints under Section 156 (3) of the CrPC against Tahsildar-D.D. Mahant, Naib-Tahsildar Shankarlal Sinha, original owners of the land in dispute - Smt.Sohta Bai, Tulsi Bai and Chana Bai and purchaser-Laxmikant Harlalka alleging that the land in question was allotted to Smt.Sohta Bai bearing Kh.No.615, Chana Bai bearing Kh.No.576 and Tulsi Bai bearing Kh.No.617 on lease and said lands were not transferable without prior permission of the Collector, but the accused landowners transferred the land in contravention of applicable provisions of law to Laxmikant Harlalka on 14.6.2011 and 11.7.2011. Naib-Tahsildar Shri Shankarlal Sinha issued kistabandh khatouni and Tahsildar Shri D.D. Mahant certified the transfer in the revenue records, which is the act of forgery and thereby they have committed the offence punishable under Sections 420, 467, 468, 471 and 120b/34 of the IPC.

(3.) Learned trial Magistrate on the said applications recorded the statement of complainant-Firoz Khan on 28.4.2014 and vide order dated 16.5.2014 entertained the applications/complaints under Section 156(3) of the CrPC and recorded a finding that the accused persons have transferred the land in question by forged and fabricated documents and therefore, offence under Sections 420, 467, 468, 471 and 120B/34 of the IPC be registered against all four accused persons and thereby granted applications under Section 156(3) of the CrPC.