ASHOK KESHWANI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashment of the charge-sheet filed against them by Central Bureau of Investigation, Jabalpur.

(2.) Charge-sheet has been filed by C.B.I., Jabalpur against the petitioners along with other accused persons in the Court of Additional Chief Judicial Magistrate (Special Magistrate, CBI), Jabalpur for the offences punishable under Sections 420 and 120-B of I.P.C. with this story that the land of bungalow No.5 and 5-A (survey No.78), situated at Narbada Road, Cantt., Jabalpur is an Old Grant and this land still belongs to Government of India. The property of Old Grant cannot be sold out to anyone by the holders of occupancy rights. This land was allotted to Charles Cyril Hixon and as per General Land Register, the occupancy rights holder of the land are Mrs. M.A. Fremantle, Mrs. Mavis Matilda Hixon and Gerald Charles Hixon.

(3.) In the year 1992, Mrs. Mavis Matilda Thomas executed a Power of Attorney in favour of Padam Seth and settled abroad. Padam Seth started illegal activities with regard to this property, therefore, a newspaper advertisement was published in the interest of public showing that Padam Seth has no right to sell the property. Mrs. Jennifer Puniani, who is daughter of Mrs. Mavis Matilda Thomas, sold a part of bungalow and land to Padam Seth and his sons Sandeep Jain and Sameep Jain and they sold the part of property to Rajgopal Mahajan, Harshgopal Mahajan and Sakshi Gopal Mahajan in the year 2003.