NOORJAHAN & ORS Vs. HAMEED KHAN & ANOTHER

JUDGEMENT

(1.) This petition is under Section 482 of Cr.P.C. against the order dated 18.1.13 passed by the learned Third ASJ, Gwalior, in Criminal Revision No.442/11 whereby order dated 10.8.2011 passed by learned JMFC, Gwalior, dismissing the private complaint of respondent No.1 has been set aside and it has been directed that cognizance be taken against the petitioners for the offence punishable under Sections 420, 467 and 468 of IPC.

(2.) The facts giving rise to this petition in brief are that respondent No.1/complainant filed a complaint in the Court of JMFC, Gwalior, against the petitioners alleging that house No.401/1 situated at Ward No.10 at Maddi Ka Bazar, Gwalior, is the ancestral property of the complainant. The father of the complainant has provided a part of the house measuring about 1490 square feet to the petitioners on a condition that petitioners will look after the mosque, however, the petitioners tried to grab the property by creating forged documents . The complaint was lodged at Tehsil office from where construction work was directed to be stopped. It is further alleged that petitioners have forged a sale-deed dated 16.4.47 and will dated 18.8.85 and 16.4.47 and submitted to Municipal Corporation for getting the mutation. The will was alleged to be executed by Sher Khan who was never been recorded as owner in the record of Municipal Corporation. When the complainant came to know about this, he obtained certified copies of the documents. and filed objection before the Municipal Corporation.

(3.) The learned JMFC after recording the statements of the complainant and his witnesses under Sections 200 and 202 of Cr.P.C. dismissing the complaint. Being aggrieved, Criminal Revision No.442/11 was preferred by respondent No.1/complainant. Learned ASJ, Gwalior, has set aside the order passed by learned Magistrate and directed him to take cognizance. Against this order, the petitioners preferred M.Cr.C.No,4013/13 before this Court and this Court vide order dated 30.7.2012 directed the learned trial Court to pass an order afresh after giving opportunity of hearing to both the parties. Thereafter, vide order dated 18.1.2013 the learned ASJ, Gwalior, passed the impugned order directing the learned JMFC to take cognizance. Being aggrieved, this petition has been filed.