SANJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This application is filed under section 482 of Cr.P.C. for quashment of the FIR dated 06.09.2009 registered by Police Station Rawji Bazar, Indore in Crime No.350/2009.

(2.) The relevant facts for disposal of this case are that the present applicant was alloted a plot bearing No.93 in Anop Nagar, Indore by respondent No.5 Anop Nagar Grih Nirman Sahakari Sanstha. This plot, it is stated that, was earlier sold by the society to one Prakashchandra on 25.10.1980. Said Prakashchandra sold this plot to one Kulwant Singh through his attorney named as BS Choray. Subsequently, in respect of this plot attorney was given to respondent No.4. It is stated that after the plot was alloted to said Prakashchandra, he obtained building permission from Municipal Corporation, Indore and remained in possession of the disputed plot. Subsequently, as Prakashchandra transferred the plot without payment of full amount to 3rd party and without prior permission of the society, his allotment and sale deed executed in his favour by the society was cancelled after giving him a notice and the plot was alloted to the present applicant. The present applicant also obtained building permission from Municipal Corporation, Indore.

(3.) The present FIR was lodged by the respondent No.4 before Police Station Rawji Bazar stating therein that respondent No.4 is attorney of Kulwant Singh Son of Antar Singh, who purchased the plot from the original allotee Prakashchandra. Kulwant Singh purchased the plot through sale deed dated 31.08.1987. The plot is in possession of Kulwant Singh and he raised certain constructions on the plot. On 02.09.2009, the present applicant alongwith the other persons removed iron angles placed by him. When the present applicant was called by Police Station M.I.G., he submitted forged sale deed and other documents and he claimed that he was the owner of the plot. According to the forged sale deed, plot was purchased by him through one Lalsingh Malviya, who was Secretary of Anop Nagar Grih Nirman Sahakari Sanstha, respondent No.5. According to the averments made in the FIR, the said plot was already sold to Prakashchandra in the year 1980 and, therefore, society had no right to transfer the plot to the present applicant. The present applicant was also not a member of the society and Lalsingh Malviya was not Secretary of the society at the relevant time and, therefore, they are claiming ownership on the basis of forged documents.