MAHENDRA JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this application under Section 482 of Cr.P.C, 1973, the petitioner is praying for quashment of order dated 7.4.2010, passed in Criminal Revision No.794/2007, whereby the leaned revsional Court affirmed the order of dated 20.1.2007 passed by the learned Judicial Magistrate First Class, Indore in Criminal Case No.904/2005 by which the learned JMFC allowed the application filed under Section 319 of Cr.P.C., taking cognizance against the petitioner for the offence punishable under Sections 420, 467, 468, 471 & 120-B of the IPC.

(2.) BRIEF facts of the case are that the police Raoji Bazar, Indore registered the FIR at the instance of one Bahadur Singh Kelwa, who was Reader to the Sub � Divisional Magistrate, Pardesipura, Indore. In the FIR it has been alleged that certain registries of agricultural lands have been executed in the Registrar Office of Indore on the basis of forged documents, showing false names of certain persons, who were shown as Bhumi Swami of those agricultural lands. It was further alleged that one Deepak Sharma S/o. Hemshankar Sharma, was the President of Rochak Grah Nirman Co-operative Society, illegally got registered the lands belonging to the various agriculturists of 12 villages including village Lasydiya Mori on the basis of forged documents. It was after the receipt of enquiry report the Collector Indore directed to get the offences registered against those guilty persons, who had committed these illegal acts. The said FIR was lodged on 27.5.2004. Prior to lodging of FIR an enquiry was conducted by the Sub Divisional Officer Indore. The alleged enquiry report prepared by the Sub Divisional Officer, indicated that the lands belonging to 13 villages were sold by Sanjeev S/o Kailash Chandra, Prakash Chandra, Suresh S/o Sadashiv Rao Kanungo and Shailendra S/o Shambhu Nath Trivedi, in the capacity of Bhumi Swamis. It was alleged that the above-referred persons posed themselves as Bhumi Swami of the above mentioned land, which actually belonged to different agriculturists and were sold to the Rochak Grah Nirman Co-operative Society, Indore. It was further alleged that the above said persons executed 6 registered documents, in favour of Rochak Grah Nirman Co-operative Society, for a consideration of Rs.24,05,000/-. It was alleged that whenever lands were sold through registered documents, the consideration was paid by the present petitioner. It was also alleged that the present petitioner was the real owner of the said Co-operative Society.

(3.) IT is submitted that there is no evidence on record to connect the petitioner with the alleged offence. It is submitted by the learned Senior Advocate for the petitioner that there is nothing on record to show even prima facie that petitioner in any manner either cheated or indulged in making so called forged document or paid any consideration to the co-accused persons.