MAHESH KHANDELWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the application for the grant of special leave to appeal under Sec. 378 (4) of the Code of Criminal Procedure, 1973.

(2.) This application has been filed to grant special leave to appeal against the judgment of acquittal dtd. 29/10/2021 passed by 2nd Additional Sessions Judge, Dr. Ambedkar Nagar, District-Indore (M.P) in Sessions Trial No.43/2017, whereby the respondent Nos.2 to 5/accused persons have been acquitted.

(3.) Brief facts of the case as per the petition, the appellant and his wife Savita Khandelwal purchased the land situated at village Borkhedi, Tehsil-Mhow bearing survey nos. 65/2, 66/2/1, total area 0.518 hectares from respondent No.2 on 10/5/2010, and their names are entered in the revenue records for the said land. The land bearing survey Nos.97/1/1, 169/2/1, 170/2/1, and 250/4/1 total area of 0.554 hectares was purchased by Mrs. Savita Khandelwal from respondent No.2 by giving consideration amount of Rs.32.00 Lakhs on 20/11/2013. On the same day, one Kabuliyat agreement was made between the parties to the transaction. A power of attorney was made in favor of the appellant by respondent No.2 which was registered in the Tehsil office thereafter. On 26/2/2014, using the registered power of attorney the remaining land was registered in the name of Mrs. Savita Khandelwal in the sub-registrar office. Thereafter, an application for mutation of land in the name of Mrs. Savita Khandelwal was made to the Tehsildar on 5/4/2014. The hearing upon this application was fixed for 26/4/2014 but objections were filed to this mutation application by Respondent No.2 and the Respondent No. 3 to 5 also objected to the mutation on the ground that they were also sold the land bearing survey No.250/4/1 (hereinafter referred to as "disputed land") area 0.335 hectare by respondent No.2.