RAJENDRA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant miscellaneous petition has been filed by the petitioners under Section 482 Cr. P.C. with the prayer that order dated 10.01.2007 passed by Additional Sessions Judge, Sriganganagar, so also, order dated 16.06.2006 passed by Judicial Magistrate, Sriganganagars in Criminal Case No. 93/06 may be quashed and set aside.

(2.) As per facts of the case, complainant Bhagwan Singh filed a written report on 16.04.1999 in which it is specifically pleaded that plot No. 31-28 at Jawahar Nagar, Sriganganagar was allotted to him but he used to reside at 4E Chhoti, Tehsil Sriganganagar and his wife was posted at Padampur as teacher, therefore, to care for the said plot, a boundary wall was constructed and after putting a gate and lock, the key was given by him to his nephew Kuldeep.

(3.) It is further stated that after six months when the complainant received a notice from the court, then he found that the accused persons sold his allotted plot by way of executing a forged agreement and obtained Rs. 1,60,000/-. Upon the said complaint, an FIR was registered at Police Station Jawahar Nagar, Sriganganagar bearing FIR No. 168 dated 16.04.1999 for alleged commission of offences under Sections 467, 468 and 471, I.P.C