HIMMAT LAL SHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision has been filed under Section 397/401 of the Cr.P.C. against the order dated 28/05/2019 passed by Sessions Judge, Jabalpur in MJCR No.563/2019, whereby learned Sessions Judge rejected the applicant's application filed under Section 408 of the Cr.P.C. for transferring the unregistered Criminal Case (Gautam Patel Vs. State of M.P.) arising out of Crime No.258/2014 registered at Police Station Lordganj, District Jabalpur for the offence punishable under Section 403, 404, 406, 411, 120B of the IPC from the Court of Chief Judicial Magistrate, Jabalpur to any other competent Court.

(2.) Brief facts of the case which are relevant for the disposal of this revision are that on 22/10/2012 non-applicant Nos. 2 & 3/complainants Neena Patel and Gautam Patel filed a written complaint at Police Station Lordganj, District Jabalpur averring that Late Shri Parmanand Bhai Patel was a businessman in Jabalpur holding a vast Estate of Wealth and properties. He suffered a massive brain stroke on or around 2-3/01/1994, due to which he got paralyzed and his ailment continued till his death. It is alleged that when he was incapable of taking any decision, the co-accused persons namely Shravan Patel, Mrs. Jyotsnaben Patel, Mrs. Sonal K. Amin and Ms. Pooja Patel @ Roopa Kumar accessed the accounts of Late Shri Parmanand Bhai Patel illegally and various transactions were also done by them. On the basis of aforesaid complaint, during preliminary enquiry Police recorded the statements of complainants and also obtained account statements etc. Police also received a complaint from the Office of Wadiya Gandhi & Company, Advocates Solicitors and Notary Mumbai, wherein they narrated the facts as mentioned in the complaint dated 22/10/2012. Apart from that, it was also stated that the accused persons illegally declared that the entire estate of Late Shri Parmanand Bhai Patel was only Rs.5.54 lakhs. On the basis of aforesaid, on 02/07/2014 Police Station Lordganj, Jabalpur registered Crime No.258/2014 for the offence punishable under Sections 403, 404, 406, 411, 120-B of the IPC against the applicant and co-accused persons Shravan Patel, Mrs Jyotsnaben Patel, Mrs Sonal K. Amin and Ms Pooja Patel @ Roopa Kumar. After investigation Police filed first closure report before the Chief Judicial Magistrate, Jabalpur on 16/08/2014, which was registered as MJCR No.111/2015. In which learned CJM passed an order on 13/07/2016 and directed for further investigation on the following issues :-

(3.) Pursuant to that, Police further investigated into the matter and on 24/01/2017 filed the second report before the learned CJM, Jabalpur, which was registered as MJC No.126/2017. Non-applicant Nos.2 & 3/complainant also filed Writ Petition No.3292/2017 for transferring the investigation of Crime No.258/2014 from Police Station Lordganj, District Jabalpur to Central Bureau of Investigation, which was rejected by the Coordinate Bench of this Court vide order dated 20/06/2017, against which non-applicant Nos. 2 & 3 preferred a Writ Appeal No.759/2017, which was disposed of by the Division Bench of this Court vide order dated 14/09/2017 with a direction to the learned Chief Judicial Magistrate, Jabalpur to take a final decision on the closure report and also the protest petition expeditiously preferably within a period of three months from the date of receipt of the copy of the order.