SEWANTIBAI (SMT.) Vs. RAJENDRA AND OTHER

JUDGEMENT

(1.) This order shall govern disposal of Cr. Revision No. 1426/2015 (Smt. Sewantibai Vs. Rajendra and another) and Cr. Revision No.1609/2015 (State of M.P. Vs. Rajendra).

(2.) Applicants viz. Smt. Sewantibai and the State have filed the aforesaid Cr. Revisions against the order dated 1.9.2015 passed by learned Addl. Sessions Judge (ASJ), Badwah, West Nimar in S.T. No.238/2014 whereby discharged the respondent- Rajendra from the charge u/s. 420, 467, 468, 471 of IPC.

(3.) Brief facts of this case are that the applicant-Sewantibai filed a private complaint before the Additional Chief Judicial Magistrate, Badwah along with an application u/s. 156(3) of Cr.P.C. stating that she is second wife of deceased Jagannath, whereas the respondent-Rajendra is son of first wife of deceased Jagannath. Jagannath died on 6.1.1992. Respondent-Rajendra filed an application before Nagar Palika, Badwaha for mutation of Plot No.80, Gopalpura, Badwah in his name on 22.6.1992 stating that after the death of his father-Jagannath and mother-Punibai he is the only heir of Jagannath. On that basis, name of respondent- Rajendra was mutated in regard to plot in question. It is stated that the respondent-Rajendra deliberately suppressed the fact the applicant-Sewantibai, the second wife of Jagannath and her son and daughters are also heir of Jagannath. When this fact came to the knowledge of applicant, she filed the present complaint. Learned Magistrate sent the complaint to Police Station Badwah, on the basis of which, Crime No.128/2014 was registered against the respondent-Rajendra for the offences u/s. 420, 467, 468, 471 of IPC. Upon investigation, final report was filed against the respondent for the aforesaid offences.