MANOJ BHARDWAJ Vs. STATE OF M P

JUDGEMENT

(1.) Placing reliance on (Anil Mahajan Vs. Bhor Industries Ltd. & another, 2005 10 SCC 228), (Devendra & another Vs. State of Uttar Pradesh & another, 2009 7 SCC 495) and (Joseph Salvaraj A. Vs. State of Gujarat & others, 2011 7 SCC 59), learned counsel for applicant prays for quashment of proceedings pending against the petitioner, which has been registered on the basis of report of Mukesh Jain.

(2.) Necessary facts, in short, are that on 05/05/2012 complainant Mukesh Jain submitted written complaint at police station making allegations that despite due agreement of sale of flat No. 4-7/B86, Sterling Home, Sarvadharam, B-Sector, Kolar Road, Bhopal accused did not execute the sale deed. On the basis of aforesaid report case under section 405, 406, and 420 IPC was registered against the co-accused Rajesh at Crime no. 24/2009 and in which accused Rajesh is shown to be absconded and permanent arrest warrant has been issued against him.

(3.) With a view to extend help to co-accused Rajesh, present petitioner, who is real brother of Rajesh has conspired to sale aforesaid flat to one Dr. Abhay Kumar Likhi in which seller was the co-accused Rajesh, who was shown to be absconded in criminal case and petitioner who is real brother stood as attesting witness of the deal.