ANJANA JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Sec. 438 of the Code of Criminal Procedure as applicants apprehending their arrest in connection with Crime No.671/2022 for the offences punishable under Ss. 420, 467, 468 and 471 of the Indian Penal Code registered at Police Station-Kotwali District-Damoh (M.P.).

(2.) Learned counsel appearing for the applicants submitted that applicants have been falsely implicated in the case. Complainant is one Bhagesh. Bhagesh is cousin of applicant no.2. There is civil dispute pending applicants and complainant Bhagesh regarding partition of ancestral property and also over compensation amount which is paid by Government for acquisition of ancestral land. Counsel for the applicants submitted that applicant no.2 Devendra Kumar Jain had purchased the ancestral property by registered sale deed and he is owner of 7.478 hectares of land. Complainant is owner of 1.26 hectares of land.

(3.) In civil suit which has been filed by applicants, complainant has filed written statement in which there is admission that land has been acquired out of the share belonging to the applicants. It is submitted that since land of applicants has been acquired, therefore, they are entitled to get compensation amount. It is further submitted that applicants have not forged any signature. Counsel for the applicants submitted that it was Bhagesh, who has signed the consent letter. In consent letter, name of Yogesh has been mentioned. Bhagesh uses many names like Mangesh, Magesh and Yogesh. It is submitted that police has not pointed out any documents which show that signature of Yogesh has been made by applicants on consent letter. Other signatories of consent letter have also not stated that Bhagesh was not present neither his statement was recorded.