C K RATHI Vs. SUDARSHAN JHAWAR AND ANOTHER

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of Cr.P.C has been filed against the order dated 14.5.2012 passed by Tenth ASJ Gwalior in Sessions Trial No.180 of 2012 by which, the respondents were discharged from offences under Sections 420, 467 and 468 of IPC and only charge under Section 423 of IPC was framed and since the offence under Section 423 of IPC is not triable by the Sessions Court, therefore, the case was sent back to the Committal Court for trial.

(2.) It is not out of place to mention here that the respondents had also filed a petition under Section 482 of Cr.P.C against the order dated 14.5.2012 before this court which was registered as M.Cr.C.No.9392 of 2012. It is submitted by counsel for the applicant that the said case has already been dismissed in default by this court vide order dated 9.12.2016.

(3.) The necessary facts for the disposal of the present revision in short are that a complaint for offence under section 418, 420, 423, 467, 468 and 120B of IPC was filed by the complainant alleging that land bearing Survey No.205 situated in village Maharajpura Ramanna District Gwalior was purchased by the applicant jointly along with other co-owners by registered sale deed dated 27.1.1999. It was alleged that the respondent no.1 by projecting himself to be representative of the owners executed a lease deed in favour of M.P. Education Society run by the respondents. It was further stated that in fact, no authorization was given in favour of the respondent no.1 and declaration made by respondent no.1 in the lease deed is false per-se.