BABU LAL Vs. STATE

JUDGEMENT

(1.) Both the writ petitions arise from the same FIR, thus, are disposed of together by this common order.

(2.) By way of present writ petitions under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), petitioners have challenged the order dated 30th November, 2012 of the Metropolitan Magistrate, whereby cognizance of offences in the FIR No.426/2009 under Sections 420/468/471/120-B IPC registered at Police Station Paschim Vihar has been taken.

(3.) FIR was registered pursuant to the directions of the Metropolitan Magistrate, Delhi under Section 156(3) Cr.P.C. on the complaint of Suresh Kumar and his brother Ramesh Kumar. It was alleged in the FIR that complainant had purchased a property bearing no. B-2/39, Paschim Vihar, Delhi on 3rd December, 1981 from the petitioners vide General Power of Attorney, Special Power of Attorney, Agreement to Sell, Will etc., all dated 3rd December, 1981. Documents were executed by petitioner-Raghu Nath Singh in favour of the complainant. Property was purchased against consideration, inasmuch as, payment was acknowledged by way of a registered receipt. Even after the sale, petitioner-Babu Lal continued to occupy the suit property. Later on, petitioner-Babu Lal applied to Delhi Development Authority (DDA) for conversion of the property from lease hold to free hold in his name vide forged and fabricated documents, that is, Agreement to Sell, Special Power of Attorney, General Power of Attorney, Affidavits.