AMIT KHANDELWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available.

(2.) This is first application filed under Sec. 438 of Cr.P.C. for grant of anticipatory bail to the applicants, as they are apprehending their arrest in connection with Crime No.224/2023 registered at Police Station ' Vidisha Dehat, District Vidisha (M.P.) for offence punishable under Ss. 420, 406, 34 of IPC.

(3.) Prosecution case, in brief, is that Star Agro infrastructure Private Limited is having its Warehouse at village Dhaturiya, Sagar Road, Vidisha situated over land bearing survey no.338 admeasuring 2. 885 hectare and survey no.340 admeasuring 0.679 hectare on which tin-shed has been installed. On 9/7/2020 complainant-Brijkishore entered into an agreement with the applicant no.2-Vishnu Gupta, who is working as Vice President in the aforesaid Company, to purchase the aforesaid lands, i.e. survey no.338 and 340, for a total consideration amount of Rs.6,11,00,000.00 and out of the total consideration, an amount of Rs.51,00,000.00 was also paid by the complainant as an advance consideration. However, later on when the complainant obtained the revenue documents, i.e.Khasra and Ka Patrak-B1, he found that survey no.340 admeasuring 0.679 hectare was shown as a Government land. Thereafter, the complainant demanded return of his amount, but the same was not returned by the accused persons. The Tahsildar, Vidisha vide its letter dtd. 4/3/2021 has also informed that the aforesaid survey no.340 admeasuring 0.679 hectare is shown as Government land (Seda) in Ka Patrak. Thus, in this manner the applicants, who are working as Director and Vice President in the aforesaid Company, in connivance with the co-accused persons, by preparing forged and fabricated documents, cheated the complainant by entering into an agreement to sale a Government land.