(1.) M.Cr.C No. 38449/2018 filed under Section 482/483 of the Cr.P.C. and Cr.R. No. 4664/2018 filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the common order dated 25.08.2018 passed by the JMFC, Bhopal in Criminal Case No. RT No. 11555/2016 whereby against all the applicants charges for the offence punishable under Section 420 of the IPC has been framed by the learned Court. Applicants of both petitions prayed to quash the criminal proceeding instituted on the basis of complaint filed by the respondent No. 1 Chaudhari A. Wahid Raeen.
(2.) Facts giving rise to both petitions, in short, are that the respondent filed a written application under Section 156(3) of the Cr.P.C. before the Court of JMFC, alleging therein that the complainant being a Adhyaksh of Raeen Samaj Panchayat, Bhopal inspected all accounts managed by the previous office bearer of that Panchayat and Cr.R. No. 4664/2018 and found some defalcation in the Panchayat, inter alia, contended that one land purchased for the Raeen Samaj Panchyat, Bhopal and made a payment from the fund of Panchayat and registered the sale deed in his own name instead the name of Raeen Panchayat, Bhopal and also misappropriate the amount of Raeen Samaj Panchayat, Bhopal. Learned JMFC Court on the basis of the statement recorded under Sections 200 and 202 of the Cr.P.C. registered the case for offence under Section 420 of the IPC as RT No. 11555/2016 and issued notice to the applicants of both petitions under Section 204 of the Cr.P.C. Applicants of these petitions appeared before the learned JMFC Court and learned JMFC Court after hearing both the parties passed the impugned order dated 25.08.2018 and framed the charge against each applicants under Section 420 of the IPC.
(3.) Being aggrieved by that order, the applicants filed these petitions on the ground that the learned JMFC Court in the impugned order has not mentioned the details and Cr.R. No. 4664/2018 of facts on which ground they found sufficient material for framing the charge under Section 420 of the IPC. Counsel of both petitions submits that the applicant Haji Mohammed Aslam was the Chairman of the Raeen Samaj Panchayat and others are office bearers. The all applicants purchased a land for running the school in the interest of people of the Raeen Samaj Panchayat, Bhopal, but wrongly the name of the applicants mentioned in the sale deed as purchaser. The all applicants immediately informed the respondents to that fact and executed a Hibanama in favour of the Raeen Samaj Panchayat, Bhopal not having any mala fide intention and mistakenly the sale deed got executed in his individual name. He did not commit any offence and executed an affidavit to the effect that they are not having interest, any right or title on the basis of sale deed. The land for the school had been purchased for the M.P. Raeen Samaj Panchayat, Bhopal and the purchased property in which Biritis Hi-tech Public School is running, is a property of M.P. Raeen Samaj Panchayat, Bhopal. and Cr.R. No. 4664/2018 submits that the respondent No. 1 is presently Adhyaksh of the Raeen Samaj Panchayat Society and submits that all the applicants with mala fide intention purchased the property in their name and made a payment of that property from the account running for the M.P. Raeen Panchayat, Bhopal and paid R.50,00,000/- to the seller. Learned counsel submits that the total sale consideration amount was about Rs.26,00,000/- and all the applicants defalcated Rs.24,00,000/- of the society. The applicants are not ready to execute sale deed in favour of the M.P. Raeen Samaj Panchayat, Bhopal. Learned JMFC Court has rightly framed the charge against the applicants. There are sufficient material available to proceed against the applicants, therefore, prays for dismissal of the petition.