PRATEEK KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the criminal revision petitions have been arising out of the same impugned order, hence both are being decided with this common order. For the sake of convenience, the facts are being taken from CRR No. 4467/2022.

(2.) These petitions have been filed by the petitioners under Sec. 397 read with Sec. 401 of Cr.P.C. against the order of framing of charges against the petitioners under Ss. 420, 468 of IPC, 1860 passed by Second Additional Sessions Judge, Mahidpur, District Ujjain in S.T No.11/2022 vide dtd. 2/11/2022.

(3.) As per the prosecution story, one Chand Mohmaad Kha Mevati was the owner and in possession of the Land bearing Survey No, 812/1 and 812/2 located at Village Ghosla, Tehsil Mahidpur, Dist. Ujjain, MP. After his death his Legal Heirs, namely, Jaitun Bee and Shankuran Bee D/o Chand Mohmaad Kha Mevati became the owner of the said Property. That, on 28/1/2009 Jaitun bee D/o Chand Kha Mevati sold the survey no. 812/2 to Prakashkuwar w/o Jaswant Singh vide registered sale deed dtd. 28/1/2009. And on 17/7/2009 Shakuran Bee D/o Chand Kha. Mevati sold the survey no. 812/1 to Hariram s/o Jairamji Jaat vide registered sale deed dtd. 17/7/2009. Applicant purchased the land bearing Survey No. 812/2 from Smt.' Prakeshkuvar w/o Jaswant Singh and Survey 812/1 from Hariram s/o Jairamji both located at Village Ghosla, Tehsil Mahidpur, Dist. Ujjain, M.P. vide registered sale deed dtd. 16/11/2009. thereafter Applicant executed registered Power of Attorney in favor of one Vardhman Gadiya s/o Amrutlal Gadiya (petitioner of CRA No.810/2023) to deal with the aforesaid property for the period commencing from 5/1/2012 to 4/1/2013. thereafter in the year 2012 Respondent no.02 Purchased the aforesaid property from Applicant vide registered Sale Deed dtd. 29/12/2012. On 29/12/2012 Respondent no. 02 filed an Application for Mutation of his name in revenue records with respect to aforesaid property before the Ld. Tehsildar, Ghosla, Tehsil Mahidpur, Dist. Ujjain, MP. One Bherulal s/o Kanchan Singh raised objections before the Ld. Tehsildar in the mutation proceedings but the said Application was allowed by the Ld. Tehsildar vide its order dtd. 23/2/2013 and accordingly the name of Respondent no. 02 was mutated in revenue records with respect to the said Property. On 19/2/2013 Respondent no. 02 was added as a party to the ongoing Civil Suit No.65-A/2014 for Declaration of Title and Permanent Injunction on aforesaid property. The said Civil Suit was filed by Bherulal against Prateek Kumar and Others before the Civil Judge, Mahidpur, Dist. Ujjain, MP. which was Decreed by the Ld. Court on 27/4/2015.