MUSHARRAF MOHD. KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition is directed under Section 397 read with 401 of the Cr.P.C. against an order dated 27.11.2015 passed by the court of Shri R.B. Yadav, Additional Sessions Judge, Bhopal in Sessions Trial No. 777/2012, whereby the direction for framing the charges for the offences punishable under Sections 120B, 420B r.w. 120B, 409 r.w 120B, 467 r.w. 120B, 468 r.w. 120B and 471 r.w. 120B has been given against the applicants and in pursuance of it the same are framed.

(2.) The prosecution case as is discerned from the material on record in brief is thus: -

(3.) The learned counsel for the applicants has submitted that vide resolution dated 22.02.1997, the Working Committee of the society had authorised applicant Musharraf Mohd. Khan to comply with the directions given by the Assistant Registrar Cooperative Societies, vide letter dated 06.03.1996. However, on 03.05.1997, the general body of the society overruled the resolution dated 22.02.1997 and authorised accused Zahurul Hasan, the then President of the society in this regard. He sold the 12 acres out of the total 13 acres of lands to the Parita Griha Nirman Sahakari Sansthan Maryadit through its President accused Rajesh Tiwari vide sale -deed dated 02.12.2000. Thus, applicant Mushaffar Mohd. Khan had no role in selling the lands to the Parita Grih Nirman Sahakari Sansthan Maryadit. He further submitted that applicant Nusrat Anwar was at that time on board of the directors of the society and she had also no role in selling the lands to the aforesaid Sansthan. He further submitted that in the course of investigation, the police failed to collect any incriminating evidence against the applicants that accused Zahurul Hasan sold the lands to the Parita Grih Nirman Sahakari Sansthan Maryadit through its President Rajesh Tiwari having entered into a criminal conspiracy with them. Thus, there is no evidence much less legal evidence on record for framing the aforesaid charges against the applicants. Therefore, he prayed to quash the charges framed.