R.K. BHANDARI Vs. STATE

JUDGEMENT

(1.) CRL . M.C. No. 1356 of 2006 under Section 482 of the Code of Criminal Procedure, 1973 (Cr PC) by R.K. Bhandari (RKB) challenges an order dated 28th January 2006, passed by the learned Additional Sessions Judge (ASJ) in C.R. No. 93/2004 arising out of FIR No. 801 of 2000 registered at P.S. R.K. Puram. By the said impugned order, the learned ASJ held that there was sufficient material on record which prima facie showed that the petitioner had forged the construction agreement dated 20th March 1996 intending it to be used for the purpose of cheating Respondent No.2 Satish Jassal (SJ) (now deceased and represented through his legal heir Karan Jassal) thereby committing the offences under Sections 468 and 471 IPC read with Section 120 B thereof. However, the learned ASJ held that there was not even a prima facie material to frame charges against the petitioner for the offences under Section 420/120B IPC and therefore to that extent set aside the order dated 2nd November 2004 passed by the learned Metropolitan Magistrate (MM) framing charges against the petitioner for those offences. The challenge by RKB to the order of the learned ASJ is to the extent that charges have been ordered to be framed against him for the offences under Sections 468/471 IPC.

(2.) CRL .M.C. No. 2073 of 2006 is by SJ (now deceased and represented through his LR Karan Jassal) challenging the aforementioned order dated 28th January 2006 passed by the learned ASJ to the extent it has discharged RKB of the offences under Section 420/120B IPC. The prayer is that the Crl. M.C. Nos.1356/2006 & 2073/2006 Page 3 of 14 charges should be framed against RKB, in addition, under Sections 406, 420 and 500 IPC.

(3.) IT appears that on 28th March 1995 RKB executed a relinquishment deed, relinquishing half of the unspecified share in the plot of land of the said property in favour of his sister Ramola Bhandari. The relinquishment deed referred to RKB and his sister Ramola as legal heirs of the original allottee their father late L.R. Bhandari. According to SJ, RKB suppressed the fact of the execution of the aforementioned relinquishment deed.