SHAKIL KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short 'The Code') is directed against judgment and order dtd. 24/6/2016 passed by Additional Sessions Judge, Shajapur in S.T. No. 115/2012 whereby charges for offence under Sec. 419/120B, 420/120B, 467/120B and 468/120B have been framed against petitioner Shakil Khan.

(2.) Prosecution against the petitioner and some other persons including Ashutosh Khandelwal, Mahesh Chandra was lauched on the basis of the complaint made by Smt. Batul Bi , on 23/11/2011 to the effect that one Shakila Bi, in a fradulent and dishonest manner impersonating herself as Batul Bi, executed sale deed with regard to survey No.801 area 0.58 hectare and survey No.1065 area 0.78 hectare. It is alleged that one Ashutosh Khandelwal and present petitioner Shakil Khan were the attesting witnesses of the sale deeds which was executed in favour of one Mahesh Chandra.

(3.) Learned counsel for the petitioner submits that Ashutosh Khandelwal and Mahesh Chandra have preferred a petition under Sec. 482 of 'The Code' before this Court bearing Miscelleneous Criminal Case No. 9996/2015 feeling aggrieved by order dtd. 2/9/2015 whereby summons were issued against them as well as against the petitioner Shakil Khan on an application moved by the prosecution under Sec. 319 of 'The Code'. It is further submitted that this Court, vide order dtd. 29/2/2016 , was pleased to quash the proceedings qua-petitioners Ashutosh Khandelwal and Maheshchandra holding that prima facie no case is made out against them. It is further submitted by the learned counsel for the petitioner that petitioner is having complete parity with Ashutosh Khandelwal because it was alleged that Ashutosh and present petitioner Shakil Khan were attesting witnesses of the alleged sale deeds, therefore, petitioner also deserve the same treatment which has been given to Ashutosh Khandelwal by this Court in Miscellenous Criminal Case No. 9996/2015.