VIKRAM SINGH Vs. SAURAMBAI

JUDGEMENT

(1.) The applicants have preferred this petition under Section 482 of the Cr.P.C. for setting aside of the impugned order dated 9.7.2012, whereby learned Judicial Magistrate First Class, Shujalpur, District-Shajapur has taken the cognizance against the applicants for commission of offence punishable under Sections 417, 419, 420 and 467 of the I.P.C. and quashment of consequential proceedings of S.T. No. 77/2014, pending before the Court of Second Additional Sessions Judge, Shujalpur, District-Shajapur against the applicants.

(2.) Brief facts of the case are that on 27.10.2007, the respondent No. 1/complainant filed a private complaint against the applicants before the Court of Judicial Magistrate First Class, Shujalpur, District-Shajapur for commission of offence punishable under Sections 417, 419, 420, 424, 466 and 467 of the I.P.C. alleging that she has got 1/3rd share of certain land situated at village Alisariya being successor of her mother and the applicants, who are her cousin brothers are also having 1/3rd share in the property being successor of Bherulalji, but they managed to get her share also in their names by moving an application for partition before Tehsildar on 3.10.2003 and they managed to get her forged thumb impression in Tehsil, while she never put the same on any document in Tehsil. Learned JMFC has recorded the statement of respondent No. 1/complainant and her witnesses under Sections 200 and 202 of the Cr.P.C. respectively. On the basis of which, vide order dated 9.7.2012, he has taken cognizance against the applicants for commission of offence punishable under Sections 417, 419, 420 and 467 of the I.P.C. and registered the complaint. After appearance of the applicants, he committed the case to the Sessions Court for the trial, which is pending as S.T. No. 77/2014 before the Court of Second Additional Sessions Judge, Shujalpur, District-Shajapur.

(3.) Learned Senior Counsel for the applicants submitted that the respondent No. 1/complainant has suppressed some important material facts in the complaint as well in the statements that against the order of partition dated 28.1.2014, she filed an appeal before Sub Divisional Officer (Revenue), which was dismissed, vide order dated 21.6.2007 holding that the respondent No. 1/complainant herself put her signatures everywhere like application for partition, proceedings etc. in the Tehsil and therefore, she has no right to challenged the same. Being aggrieved by the aforesaid order, respondent No. 1/complainant preferred first appeal before the Revenue Commissioner, which was also dismissed, vide order dated 29.4.2010. Thereafter, respondent No. 1/complainant has filed a civil suit, with regard to same subject matter for the relief of declaration, partition, consequential relief of possession and mesne profit in the Civil Court on 3.1.2008. Though, the suit was partly decreed in favour of the respondent No. 1/complainant, against which a First Appeal at the instance of present applicants is also pending, which is registered as FA No. 11(A)/12 before the Court of learned Additional District Judge, Shujalpur, District-Shajapur. It is also submitted that before filing of private complaint, the matter was reported to the police by complainant, in which anywhere it is mentioned that the applicants have managed to stand another lady as 'Saurambai' before the Tehsil Court and made her forged thumb impression, while she said that the applicants have put her forged thumb impressions.