BASHIR KHAN Vs. BABU KHAN

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C.for quashing the proceedings pending against the petitioners in Cri.Case No.20/2009 before JMFC, Vijaypur, District Sheopur, whereby cognizance under Section 420 of the IPC has been taken against the petitioners.

(2.) Brief facts of the petition are that respondent Babu Khan had filed a private complaint against the petitioners alleging that agricultural land bearing survey No.1079 area 3.06 Aare belongs to State of M.P. Out of which, on 7 Bigha Sakuran, on 2 Bigha Babu Khan and on 5 Bigha 14 Biswa Insaf Ali were having possession for last thirty years. Accused No.4 and 5 are Patwaris and accused No.6 was their assistant. The Patta has been granted with the connivance of Patwaris and their assistant in favour of the petitioners. Ramkhiladi has manipulated in the Bhuadhikar Pustika and the Patta of land survey No.1079 was alloted in favour of the petitioners. Thereafter, Patwari Amarlal and Heeralal have also made an entry in the revenue papers in favour of the petitioners No.1 to 3 as Bhumiswami. It is further alleged that Patwari Amarlal and Ramkhiladi have received the application for grant of Patta from the petitioners but the same was not presented before the Naib Tehsildar nor it was registered, but Amarlal and Ramkhiladi deliberately shown that the Patta has been issued in Case No.15/95-96 x A-74 dated 16.8.1996 and when complainant came to know the said fact, he filed an application for obtaining the certified copy. It was noted by the concerning clerk that the said case has not been filed nor has been registered. Thereafter, Babu Khan, Sakuran and Insaf Ali filed an appeal in the Court of SDO, Vijaypur and SDO called the information regarding Case No.15/95-96 x a-74. It was informed that no case is registered in the register. Thereafter, SDO has allowed the appeal and set aside the entries in the Khasra and directed the Naib Tehsildar to inquire into the matter and report. Thus, accused persons have made a forged entry in the revenue papers and thereafter petitioners have also got loan for tractor and thus committed forgery.

(3.) Learned Magistrate after recording the statement under Sections 200 and 202 of the Cr.P.C.has taken cognizance against the petitioners under Section 420 of the IPC. Being aggrieved, this petition has been preferred.