KASHIRAM @ KISHANCHANDRA Vs. SHASHIPRABHA DEVI & OTHERS

JUDGEMENT

(1.) This application filed under Section 482 Cr.P.C. is directed against the order passed by the learned Additional Sessions Judge Mandsaur, Indore in an unregistered revision dated 11.05.2015, whereby the learned Additional Sessions Judge confirmed the order passed by learned Chief Judicial Magistrate dated 03.01.2015, wherein the learned Magistrate took cognizance under Section 419, 420, 467, 468, and 120B IPC and issued summons to the accused persons.

(2.) The brief facts as stated in the criminal complaint are that respondent No.6 developed a colony on survey No1169, whereby he developed 36 residential plots measuring 15'x45'. In these 36 plots, there was no plot bearing plot No.21/A. Plot No.23 was alloted to husband of the complainant who is respondent No.1. Husband of the complainant remained in possession of the plot and after his death, the complainant remained in its possession. Plot Nos.21 and 22 were allotted by the applicant before this Court, as general power of attorney holder of respondent No.6 to respondent No.2 Avantikabai. In the sale deed of Avantikabai the plot of the complainant was shown as situated on south of plot No.22. Thereafter imaginary plot bearing No 21/A was created by respondent No.6 and sold to Vijay Kumar respondent No.5. According to the complainant on the basis of sale deed of this plot, the accused persons tried to take possession of the plot of the complainant.

(3.) The Magistrate took cognizance under section as aforesaid. So far as present applicant is concerned he is stated to be a power of attorney holder of respondent No.6. The main accused Ambalal, developer of the colony who sold plot No.21 and 22 to Avantikabai.