MANORAMA DEVI AND ANOTHER Vs. SHIV KUMAR JAIN

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the order dated 07.02.2012, passed by JMFC, Guna, whereby cognizance has been taken against the petitioners for the offence punishable under Sections 420, 467, 468, 120-B of IPC and order dated 30.03.2012, whereby application filed by Purshottamlal under Section 239 of Cr.P.C. for discharging him from the charges has been dismissed.

(2.) The brief facts of the case are that Late Shri Shiv Kumar Jain filed a private complaint under Sections 420, 467, 468, 120-B of IPC in the Court of JMFC, Guna against the petitioners alleging that the complainant having a plot situated at Gandhi Nagar in Halka No.77 within the Municipal area and complainant has constructed a house thereon. The plot was purchased by the complainant from Girja Devi, W/o Shri Rajmal Jain vide registered sale deed dated 20.06.2002. Smt. Girja Devi had purchased the aforesaid plot from petitioner No.2, Power of Attorney holder on behalf of petitioner No.1, vide registered sale deed dated 10.04.1985. The petitioners again sold the house showing it as a plot to one Shiv Kumar S/o Shri Nannulal Kirar on 17.01.2008 while the petitioners were not having any right/title over the property. As soon as this fact has come into the knowledge of the complainant immediately the petitioner No.1 and Shiv Kumar Kirar entered into the compromise and has paid the entire amount of sale. On the basis of the aforesaid allegation the learned Court below has taken cognizance against the petitioners on 07.02.2012. Being aggrieved by the same, this petition has been filed by the petitioners. It is submitted by the learned counsel for the petitioners that the learned Court below has taken cognizance in the matter on 07.02.2012 on the complaint of Late Shiv Kumar while Shiv Kumar died on 28.12.2011, therefore at the time of cognizance itself complainant was not alive. The complainant's legal heirs and his counsel has not informed the court and they have not performed their duties, but when the petitioners have brought this fact in the knowledge of the trial Court, the trial Court instead of dismissing the complaint fixed the case for appearance of the petitioners.

(3.) It is further submitted by the learned counsel for the petitioners that the criminal case cannot be continued against the petitioners. Trial is unwarranted, petitioners are old aged persons they have already cancelled the alleged sale deed in favour of Late Shiv Kumar, therefore, there should be no grievance to the family members of the complainant. It is prayed that order dated 30.03.2012, be quashed and petitioners be discharged.