ANAND KUMAR @ SANJAY LALWANI Vs. SUBHASH CHANDRA LALWANI

JUDGEMENT

(1.) This common order shall govern the disposal of these three common petitions i.e. M.Cr.C.No.7209/2013, M.Cr.C.No.1774/2013 and M.Cr.C.No.10788/2012 filed by three different applicants.

(2.) The M.Cr.C. No.7209/2013 has been filed by the applicant Anand Kumar @ Sanjay Lalwani against the order dated 07/03/13 passed by learned V Additional Sessions Judge, Bhopal in Criminal Revision No.882/13 whereby learned ASJ rejected the applicant's revision as time barred filed against the order dated 28/05/12 passed by Judicial Magistrate, First Class, Bhopal in R.T. No.3763/12, whereby learned JMFC on the complaint of non-applicant Subhash Chandra Lalwani took cognizance against the applicants for the offences punishable under Section 466, 467, 468, 471, 420, 406 and 120B of IPC and M.Cr.C.No.10788/2012 and M.Cr.C.No.1774/2013 have been filed by the applicant Sneha Bhosle and Sunil Vishwakarma respectively for quashing of that complaint registered as R.T. No.3763/12.

(3.) Brief facts of the case which are relevant to the disposal of these petitions are that the complainant/nonapplicant Subhash Chandra Lalwani filed a private complaint before Judicial Magistrate, First Class, Bhopal averring that applicant Anand Kumar @ Sanjay Lalwani and complainant are real brother and applicant Smt. Sneha Bhosle is the sister-in-law of accused Anand Kumar @ Sanjay Lalwani and applicant Sunil Vishwakarma was the servant of Anand Kumar @ Sanjay Lalwani. Pradeep Singh Mehta, who is the maternal cousin of applicant Anand Kumar @ Sanjay Lalwani owned 54.48 acres of agricultural land at village Kanasaiyya, out of which he gave 7.50 acres of land from Khasra No.562 to the complainant in family arrangement. Applicant Anand Kumar @ Sanjay Lalwani being younger brother had been looking after the whole land for many years. Applicant Anand Kumar @ Sanjay Lalwani prepared forged power of attorney dated 31/03/1997 purported to be executed by Pradeep Singh Mehta, wherein it was shown that applicant Pradeep Singh Mehta had appointed and nominated accused Anand Kumar @ Sanjay Lalwani as Manager of the land in question and thereafter on the basis of said power of attorney applicant Anand Kumar @ Sanjay Lalwani got a partnership deed dated 16/03/2000 executed and made a partnership firm namely M/s Paradise Farms showing Anand Kumar @ Sanjay Lalwani, Smt. Sneha Bhosle and Pradeep Singh Mehta as partners. Pradeep Singh Mehta has not signed that partnership deed. Anand Kumar @ Sanjay Lalwani on the basis of that forged power of attorney signed this partnership deed on behalf of Pradeep Singh Mehta and prepared that forged partnership deed to grab the said land. Later, accused Anand Kumar @ Sanjay Lalwani and Smt. Sneha Bhosle on the basis of that forged power of attorney and partnership deed presented an application on 20/05/2000 before the Bandobast Adhikari, Bhopal under Section 109, 110 of the M.P. Land Revenue Code to transfer the said land in the name of Firm i.e. M/s Paradise Farm keeping Pradeep Singh Mehta in the dark. The partnership deed was witnessed by the applicant Sunil Vishwakarma and co-accused Shyam Joshi. Complainant further stated that during bandobast proceedings, on 05/06/2000 accused Anand Kumar @ Sanjay Lalwani and Sneha Bhosle appeared as witnesses and gave statements on oath, which also shows their mens rea to indulge in conspiracy to rely upon the forged power of attorney. This act of applicants Anand Kumar @ Sanjay Lalwani and Sneha Bhosle deprived the complainant and Pradeep Singh Mehta from the aforesaid land and caused wrongful loss to them and wrongful gains to the applicants. Applicant Sunil Vishwakarma and co-accused Shyam Joshi are also involved in the crime as they witnessed the said partnership deed, so cognizance for the offence punishable under Sections 466, 467, 468, 471, 420, 406 read with Section 120B of the IPC be taken against applicants and co-accused Shyam Joshi.