STATE OF RAJASTHAN Vs. KUNDAN MAL AND OTHERS

JUDGEMENT

(1.) The present misc. petition has been filed against the order dated 1 6.10.1995 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur in Criminal Revision Petition No. 22/1995. By this order the Special Judge has upheld the order dated 9.3.1995 passed by the Additional Chief Judicial Magistrate No. 2, Jodhpur in Criminal Original Case No. 46/1995.

(2.) The State of Rajasthan has come up in this misc. petition alleging that a charge sheet was presented against the accused respondents. The matter was considered for framing of charge. The learned Magistrate in his wisdom discharged the accused persons. On revision the revisional court upheld the order of the learned trial court discharging the accused persons.

(3.) Facts of the case are that an agreement to sale was entered into in between Naveen Grah Nirman Sahakari Samiti, Jodhpur (referred to hereinafter as the Samiti) and Jai Marwar Company Pvt. Ltd. Jodhpur (called hereinafter 'the Company'). The Company agreed to sell a piece of land to the Samiti. The case of the prosecution is that the agreement to sale which purports to have been executed on 2.10.1974 was not in fact executed on that day but it was executed some where in the year 1980-81. It became necessary when the Company felt that the land held by it may be acquired by the State Government under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (referred to hereinafter as 'the Act'). Therefore, this fictitious document was created in the year 1980-81 to defeat the provisions is of the Act.