CHANDRA WATI Vs. RISHI PAL AND ORS

JUDGEMENT

(1.) Alongwith the present revision, the Court intends to dispose of Criminal Revision No. 1019 of 1999 as both the revisions arise out of order dated 19.11.1997 passed by Judicial Magistrate 1st Class, Kaithal whereby the accused-respondents were discharged of the offences under Sections 418/420/468/471/120-B IPC.

(2.) FIR No. 126 dated 4.6.1991 was registered at Police Station Kalayat under Sections 418/420/468/471/120B IPC on the basis of an application given by complainant-Smt. Chanderawli on 31.5.1991 to the police wherein she stated that she was owner in possession of land measuring 67 kanals 9 marlas in village Kalayat. Accused Rishi Pal in connivance with two Advocates obtained a false and bogus decree from the Court of Shri K.R.Goel, Sub Judge, Kaithal, and on its basis got ownership of the land changed in connivance with Halqa Patwari. Accused Rishi Pal had also taken tractor after obtaining loan against the said land besides purchasing a gun. The complainant had not appeared in the Court of Shri K.R.Goel, Sub Judge, Kaithal nor she gave any statement. Accused-Rishi Pal alongwith accused Smt. Mamo and Lachhman Dass had, thus, committed fraud with her.

(3.) During investigation of the case, it was found that Mamo had affixed her thumb impression by posing herself as Chanderawli. Accordingly, after completion of necessary investigation, the police submitted final report under Section 173 Cr.P.C. against the accused-respondents.