STATE OF M P Vs. ANIL SHARMA

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed by State of Madhya Pradesh against order dated 7-12-2019 passed by 1st A.S.J., Dabra, Distt. Gwalior in S.T. No.26/2017, by which the application filed by the applicant under Section 173(8) of Cr.P.C. has been rejected.

(2.) The necessary facts for disposal of present application in short are that the complainant lodged a report alleging that co-accused Ramlakhan along with other respondents entered into a conspiracy and by impersonating respondent no.1 as his father Bhagwanlal (Respondent no.3) sold the land in question to her. Thereafter, the respondents also persuaded her that more land is available. Accordingly, an additional amount of Rs. 35,00,000 was given by the complainant. However, the sale deed was not executed. Only thereafter, when the complainant enquired into the matter, then came to know that even the first sale deed has not been executed by respondent no.3, but it has been executed by respondent no.1 by impersonating himself as respondent no.3. Accordingly, offence under Sections 419,420,467,468,471 of I.P.C. was registered.

(3.) During the pendency of investigation, "personal diary" of the complainant was also seized in which acknowledgment of receipt of money was given by respondent no.4.