M.L.GAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have preferred the present petition under Section 482 of Cr.P.C. to quash the trial proceeding of the ST No.179/2013 pending before the 11th Additional Sessions Judge, Bhopal for the offence under Sections 406, 420 read with Section 34 of IPC.

(2.) The brief facts of the case are that the applicants were the office bearers of the Kamdhenu Grih Nirman Sahkari Sanstha Maryadit, Bhopal (hereinafter referred to as "Samiti") at the relevant period. The Samiti mortgaged some of the plots including the Plot No.84 and 86 to the Municipal Corporation Bhopal and during the period of mortgage the applicants sold such plots to one Vandana Chourey and Masood Hussain Jafree whereas no redemption of such plots took place prior to sale, and therefore after due enquiry the Deputy Commissioner, Cooperative Societies, Bhopal sent an FIR to the Police Station Bagh Sewania which was registered vide Crime No.24/2010 and after due investigation a charge sheet was filed.

(3.) I have heard the learned counsel for the parties.