UTTAM TOLANI Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred this criminal revision under Section 397 read with Section 401 of Cr.P.C against the order dated 27/01/2017 passed by IInd A.S.J., Indore in Sessions Trial No.695/2016, whereby the charges under Sections 419, 420, 467, 468 and 471 read with Section 120-B of the IPC have been framed against the applicant.

(2.) The facts giving rise to this petition are that complainant Smt. Pushpa w/o Ramchandra Sharma, the alleged registered power of attorney holder of the land bearing survey No.259 admeasuring 1.436 hectares situated at village Mirjapur, district Dewas lodged a complaint against the applicant that the aforesaid land belongs to her mother since 1995 and she remains in the possession of the said land since then. It is further alleged that around 2 months back, two unknown persons went to meet her mother at Dewas and asked about the said land upon which she informed the aforesaid persons to talk with her daughter Pushpa Sharma regarding this land. On 23/06/2016 when she read a public notice in newspaper Dainik Bhaskar regarding purchase of the said land, she asked her mother about it but she refused to have published any such notice, therefore, doubt raised in her mind that some syndicate persons are trying to sell the agricultural land by creating forged documents. In such circumstances, the complainant has made a complaint to the Police. On the basis of the said complaint an FIR bearing crime No.261/2016 under sections 419, 420, 467, 468 & 471 read with Section 120-B of IPC was registered and after completion of investigation charge sheet was filed before the competent Court. The trial Court after considering the charge sheet framed the charges against the applicant as is stated herein above, which is the subject matter of challenge before this Court.

(3.) Learned counsel for the applicant submitted that neither any role of the applicant in connection with the alleged offence has been made in the FIR nor there remains any specific role of the applicant regarding which the charges have been framed. The applicant neither has committed any cheating, forgery or fraud nor was identified by the complainant in any manner. Even in the statement of the complainant recorded under section 164 of the Cr.P.C only the name of the applicant has been mentioned without any specific allegation, therefore, it is clear that applicant has not played any role in the present crime. He has been implicated in the present crime being a purchaser of the said land. Under these circumstances, learned counsel for the applicant submitted that applicant be discharged from the aforesaid charges.