PRABHATCHAND SAMAIYA Vs. SMT. RAJENDRA KOUR

JUDGEMENT

(1.) Heard. This criminal revision has been filed by the accused/applicant under Section 397 read with section 401 of the Cr.P.C, 1973 assailing the order dated 26.12.2016, passed by 3rd A.S.J, Sagar, in S.T. No. 57/2015, wherein charges have been framed against the applicant/accused for offence under Sections 420, 467 of I.P.C.

(2.) The respondent/complainant's case in brief is that the respondent No. 2 lodged a report against the applicant and filed a criminal complaint case before the J.M.F.C, Sagar alleging that vide sale deed dated 30.05.1974 the complainant sold a piece of land ad-measuring 50x100 = 5000 sq. ft. situated at Khasra No. 196/2, Patwari Halka No. 17 (New Patwari Halka No. 71) at village Rajakhedi, District Sagar to the petitioner. This land is adjacent to the land of Sheel Sahgal in the north-south area. Other land of the seller/complainant was existed beside the land sold. The accused/applicant manipulated and forged the documents. A part of the land he purchased was sold to other accused persons namely Vijay Kumar, Ajay Kumar, Rishabh, Suresh and Nandini on 24.07.1990. Part of the remaining land of the complainant has been sold by the petitioner/accused to respondent Nos. 2 and 3. By the second sale deed made in favour of respondents Ajay Kumar, Rishabh Kumar, Suresh Kumar the petitioner sold part of land belonged to the complainant. Therefore, complaint has been filed for offence under Sections 420 , 467, 471 of the I.P.C read with Section 34 of I.P.C. On this complaint the learned J.M.F.C took cognizance for offences mentioned above by order dated 10.10.2014.

(3.) This order of taking cognizance under Sections 420, 467 and 471 of the I.P.C was challenged by the applicant, in Criminal Revision No. 418/2015. A co-ordinate Bench of this Court on 18.04.2016 decided the same and dismissed the revision. Subsequent thereto, the case was committed to session Court. It is then registered as S.T. No. 57/2015, wherein the learned 3rd A.S.J framed charges under Sections 420 and 467 of I.P.C against the applicant/accused by the impugned order dated 26.12.2016.