TILENDRA SONOWAL Vs. ALAUDDIN LASKAR

JUDGEMENT

(1.) BY this application filed under section 482 / 401 read with section 397 CrPC, the petitioner has prayed for quashing of the proceeding in CR Case No 1125/95 under section 420 / 465 / 468 / 471 / 427 / 34 IPC, pending in the Court of the learned Chief Judicial Magistrate, Hailakandi, as also the order dated 3.8.2001, passed by the learned Chief Judicial Magistrate, taking cognizance of the offence under sections 419 / 465 / 468 / 34 IPC, so far as it relates to him.

(2.) THE complainant / respondent had filed a complaint petition before the learned Chief Judicial Magistrate, Hailakandi, alleging, inter alia, that sixteen accused persons named therein with a view to cheat the complainant, had executed 2 sale deeds on 29.8.95 and 4.9.95. THE petitioner, who was the Sub-Registrar at the relevant time, had identified the vendor. It is also stated in the complaint that the said two sale deeds were registered on 4.9.95 being Sale Deed No 1203 and 1204. One more sale deed was shown to have been registered on 4.9.95, executed by one Merajun Bibi, on 6.5.95. This Sale Deed was numbered as 1216 and the stamps of the Sale Deed No 1216 was purchased on 5.9.95. In this Sale Deed, the complainant himself was shown to be the purchaser of the land. THE case of the complainant in the complaint petition is that his mother, namely Moirama Bibi, the alleged vendor of Sale Deed No 1203 and 1204, had never executed or signed or put any thumb impression in the Sale Deed Nos 1203 and 1204. THE Sale Deed Nos 1203 and 1204 were executed by accused Nos 12, 13,14 and 15 of the complaint by impersonation. It was also stated in the complaint petition that no NOC was produced nor any affidavit was sworn though required, in connection with the Sale Deed No 1216 and the present petitioner had identified Moirama Bibi as personally known to him, although he could not have known her.

(3.) I have heard Mr M Sarania, learned counsel for the petitioner and Mr KA Mazumdar, learned counsel for the respondents.