RAJENDRA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred S.B. Criminal Misc. Petition No. 4011/2015 seeking fair investigation in FIR No. 128/2014 registered at Police Station Dantaramgarh, District Sikar and accused have preferred S.B. Criminal Misc. Petition Nos. 2325/2015 and 3050/2015.

(2.) Since all the petitions pertain to FIR No. 128/2014 registered at Police Station Dantaramgarh, District Sikar under Sections 420, 467, 468, 471 and 120-B of I.P.C., the petitions are decided by this common order.

(3.) In brief the factual matrix of the case are that FIR No. 128/2014 was lodged by the complainant Rajendra Prasad wherein, it was alleged that he purchased 24.10 square yard of shop from Sanwarmal on 4.9.2006. The possession was handed over and a sale deed was executed (sale deed was not registered). Rajendra Prasad sold the shop by a registered sale deed to Parmeshwari Devi (his sister-in-law) and Sangeeta Devi on 15.5.2012. On 16.5.2012, subsequent purchasers i.e. Parmeshwari Devi and Sangeeta Devi filed a civil suit which was dismissed in default on 30.5.2012. Civil Suit for permanent injunction was filed on 23.5.2012 in which alongwith purchasers, husbands were also added as plaintiff. After dismissal of the injunction application on 31.5.2012, an application was moved for withdrawing the suit with permission to file a separate suit. The said application was allowed on 23.7.2012. Purchasers along with Rajendra Prasad filed a fresh suit for specific performance on 31.7.2012. A release deed was executed by Sanwarmal in favour of his brothers pertaining to entire land including the present shop. FIR was lodged on 2.5.2014. A correction deed was registered on 6.5.2014 excluding the shop and some other property from the release deed.