RAJENDRA PATIL Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Section 482 of Cr.P.C.(hereinafter referred to "the Code") has been filed by the petitioners to invoke the extra ordinary powers of this Court to quash First Information Report ( FIR) in connection with Crime No.389/2010 registered at Police Station- Kotwali Seoni, District- Seoni for alleged offence under Sections 420, 467, 468, 469, 471, 120-B/34 of IPC and also the subsequent proceedings.

(2.) UNDISPUTED facts of the case are that petitioners No.1 to 3 i.e. Rajendra Patil, Smt. Vidya Mhatre and Preeti Kadam are purchasers and petitioner no.4 Rahul Shelar is power of attorney holder on behalf of petitioners no 2 and 3 for the purchase of certain lands situated at village Dargada Tehsil Lakhanandaun district Seoni belonging to complainant Laxman Singh Sirvaiya by registered sale-deed in the month of February 2010.

(3.) LEARNED counsel for petitioners submits that the lands are still in possession of real owner/complainant and petitioners no.1 to 3 are bonafide purchasers and they have invested lakhs of rupees for consideration, not only to get their name but also incurred huge money in purchasing stamp papers to prepare registery and sale deed. His further argument is that no ingredients of cheating are made out and no offence of cheating is available. The purchasers could be the best witnesses but they have not made witnesses in the case but they have been made accused persons in this case. LEARNED counsel for the petitioners placed reliance in the case of Kamlabai wd/o Inderchand Jain Vs. State of Madhya Pradesh and anr. Reported in 1999(2) M.P.L.J. Short Note (18) at page 11 wherein it has been said that bonafide purchaser is a good witness. The prosecution has duty to act carefully and not to side with one party or the other. It is abuse of process of the Court of Magistrate as it amounted to negative the availability of evidence itself.