MAKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present applicants are discontent with the framing of charges by the trial Court in sessions trial No. 372/2017 vide order dated 01.12.2017. The present applicants have been named as co-accused persons in a Trial for commission of offences punishable under Section 420, 467, 468, 471 read with Section 120-B of IPC.

(2.) The facts leading to filing of the present application are that a lady named Smt. Chanchala Nalwaya, had executed a sale deed dated 17.07.1997 in favour of Kirti Jain with respect to survey No. 87/8 admeasuring 0.138 hectare situated at village - Bicholi Hapsi, District - Indore (MP). It appears that the complainant Kirti Jain did not use the land for a considerable period of time and therefore, with the objective of demarcating the land, an application before the Tehsildar was moved in furtherance to which the complainant reached the said survey No. on 12.09.2015 and on such date, a person named Deepak Sharma informed him that the said survey number. is in possession of persons named Vikram, Ashok and Abhay, by virtue of a sale deed dated 27.12.2012. Upon gathering the knowledge of execution of second sale deed with respect to the plot purchased by the complainant in the year 1997, the matter was reported to police and a FIR dated 04.10.2015 was registered.

(3.) During the course of investigation, the police recorded the statements of subsequent purchasers and one of the subsequent purchasers, Mr. Vikram recorded his statement under section 161 of Cr.P.C. as also submitted a complaint against the present applicants on the ground that they had persuaded him to enter into the transaction with the person, namely, Smt. Chanchala Nalwaya. Consequently, the name of the present applicant was also incorporated in the final charge-sheet as an accused person leading to framing of charges vide order dated 01.12.2017 which is the subject-matter of this application.