VIJAY DANDOTIYA Vs. STATE OF MP

JUDGEMENT

(1.) Petitioners preferred present petition u/S 482 of CrPC challenging lodgment of FIR vide Crime No.1362 of 2021, dtd. 28/11/2021 registered at Police Station Kotwali, District Morena on the private complaint submitted by respondent no.2/complainant before the Court of JMFC, Morena in connection with Criminal Case No.990 of 2021, whereby the learned JMFC in exercise of powers under Sec. 156(3) of CrPC vide order dtd. 9/11/2021 directed the police authorities for registering an FIR against petitioners for commission of offences punishable under Ss. 420, 465, 467, 468, 471, 34 of IPC.

(2.) In a nutshell, the facts giving rise to present petition are that nineteen years ago, the petitioners by means of playing fraud with the complainant, his brothers and sisters, have got the sale deed executed from the mother of complainant in favour of petitioner no.1 and 2 in respect of land, bearing survey no.1076 admeasuring 4 bigha situated in Village Hasai, Mavada, District Morena vide sale deed dtd. 11/7/2002 by showing the complainant along with his brothers and sisters, as minor in place of major and at the time of execution of sale deed, petitioners no.3 and 4 were the witnesses. After 20 years of execution of sale deed, complainant came to know about the factum of fraud from the revenue authorities and thereafter, filed a private complaint before the Court of JMFC and the JMFC vide impugned order dtd. 9/11/2020 directed the police authorities for registering an FIR as well as to investigate into the matter in connection with offences as mentioned above. Hence, this petition.

(3.) It is the say of the learned counsel for petitioners that the impugned FIR lodged by Police is purely civil in nature and after a long period of 20 years, the present FIR has been lodged with mala fide intention to harass the he petitioners in order to showing their greediness for escalating the price of disputed land. It is further contended that at the time of execution of sale deed by the mother of complainant on 11/7/2002, the father of complainant was expired and the sale deed in question was signed by the mother of complainant and her children were minor and the sale deed was signed as witnesses by petitioners no.3 and 4. Thereafter, the petitioners no.1 and 2 sold the said land to one Rakesh Upadhyay and Deepak Upadhay and by order of mutation dtd. 17/8/2021 passed by Tahsildar, the disputed land was mutated in their names vide order dtd. 17/8/2021. On 6/9/2021, the complainant along with his siblings filed a suit for cancellation of said sale deed executed in favour of the petitioners before the Civil Court, Morena and on 30/10/2021, the complainant also moved a private complaint before the Court JMFC with the allegation that at the time of execution of sale deed, the petitioners have shown the siblings of complainant as minor in place of major and signature of mother of complainant, namely, Smt. Vimla Devi is not found to be proved as per handwriting expert report.