RITESH Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of Cr.P.C. for seeking quashment of FIR bearing crime No.563/2016 registered at Police Station Banganga, District Indore for commission of offence punishable under Section 420 , 467 , 468 , 471 and 120 -B read with Section 34 of I.P.C. and the consequential proceedings with respect to the Session Trial No.722/2017 pending before the 24th Additional Session Judge, Indore.

(2.) Brief facts of the case are that on 29.06.2016 one Alka Chittoda made a written complaint against Chirag Shah and Nikul Kapasi regarding the act of cheating and fraud committed by them in selling a plot to the complainant in Kalindi Gold City Colony situated at Village Bangya Tehsil- Sanwer District Indore. On the basis of aforesaid complaint, FIR bearing crime No.563/2016 was registered against co- accused Chirag Shah and Nikul Kapasi at Police Station Banganga. During the course of investigation the prosecution received 22 complaints by the other complainants who had the same grievance of being cheated in purchasing the plot in Kalindi Gold City. As per complaint, accused person induced them to purchase the plots in Kalindi Gold City and cheated them by taking money from them and not giving them their plots or not getting the plots registered in their names. It is also alleged that accused persons took money from them and did not give them any receipt of the same and also took unrecorded money from them in the name of development charges. Inspite of taking entire plot value from them, the accused persons did not allot plots to the complainants and thereby cheated them. The allegation against applicant and other accused persons is that they forged general power of attorney of some farmers and sought permission from the concerned authorities to develop the colony.

(3.) Learned counsel for the applicant has submitted that applicant is not named in the FIR. Except Vijay Dubey and and Nikit Mangal no other witnesses have named the applicant. Though Vijay Dubey speaks of entering of the agreement in respect of the plot in question but no such agreement is seized or produced by the prosecution, therefore, except the bare statement of the aforesaid complainants there is no document for supporting his claim. It is further submitted that from the statement of complainant Nikit Mangal, it is clear that the applicant has not involved in maintaining the diary or receiving cash from him. There is no document available on record to show that the Kalandi Gold City colony was developed by the applicant, therefore, there is no material available on record to connect the applicant with the present crime. Hence, learned counsel for the applicant prays for quashment of FIR as well as consequential proceedings registered against the applicant.