RAJESH KUMAR MALVIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of the Cr.P.C. filed on behalf of petitioner Rajesh Kumar Malviya (correct name Rajesh Kumar Makwey) is directed against order dated 3.8.2018 passed by the Court of learned First Additional Sessions Judge, Hoshangabad in Sessions Trial No.292/2015, whereby a charge under Sections 420, 467, 468, 471 read with Section 120-B of the I.P.C., was framed against petitioner Rajesh and co-accused persons Nand Kishore Taran, Suraj Bali, K.L. Masaniya and Amrit Lal Gaur.

(2.) The case of the prosecution before the trial Court may be summarized as hereunder: G. Adheen, Deputy Chief (Law) of Housing and Urban Development Corporation Ltd., Bhopal (hereinafter referred to in this judgment as "HUDCO") lodged a first information report on 14th October, 2010 in Police Station Hoshangabad against co-accused persons Nand Kishore Taran, Suraj Bali, K.L. Masaniya Advocate, Amrit Lal Gaur, Sunil Gaur and petitioner Rajesh Kumar to the effect that co-accused Suraj Bali Gaur obtained a home loan in the sum of Rs.2,75,000/- from HUDCO for purchase of a house constructed upon survey No.49/14, plot No.7, admeasuring 1338 sq. ft.. Aforesaid house was mortgaged by co-accused Suraj Bali Gaur with HUDCO by way of security for aforesaid loan. Later, Suraj Bali defaulted on installments and the HUDCO instituted civil suit no.13-B of 2005 against Suraj Bali Gaur for recovery of the unpaid amount. Aforesaid civil suit was decreed in favour of the HUDCO by judgment and decree dated 23/1/2007 passed by the civil Court. It was learnt that the house which was mortgaged by way of security with HUDCO, originally belonged to Amrit Lal Gaur. He sold aforesaid house on 16.10.1998 to one Vinod Chandra Gupta. Aforesaid Vinod Chandra Gupta sold that house on 4.6.2001 to Arun Chaudhary. However, Amrit Lal Gaur also executed a registered sale deed of the same property in favour of Suraj Bali Gaur on 21.9.2001.

(3.) Co-accused K. L. Masaniya, Advocate had given search report of the house. Sunil Gaur of Shivam Constructions and Engineers and petitioner Rajesh Kumar of Ajay Constructions had prepared map of the house and N. K. Taran was sub- Registrar, who had issued No-encumbrance Certificate in respect of the house in question; therefore, charge sheet was filed against all of aforesaid persons.