NANU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Coun-sel for the petitioner, learned counsel for the respondent No. 1 (complainant) as well as learned Public Prosecutor for the State.

(2.) This criminal misc. petition under Section 482, Cr.P.C. has been filed by the petitioner for quashing the FIR No.195 of 2008 dated 9.10.2008 registered at Police Station Ladnu, District Nagaur under Sections 420, 467, 468, 471 and 120B of IPC.

(3.) Briefly stated, facts of the case are that the respondent No. 2 complainant filed a complaint in the court of Civil Judge (Jr. Division) and Judicial Magistrate, Ladnu against the petitioner and two other persons, inter alia, stating therein that he is a permanent resident of Ladnu and is in his near relation. It was further stated in the complaint that there is a plot of land measuring 55 Gaj. in width and 70/73-1/2 Gaj. in length in the ownership of one Manak Chand S/o Bal Chand Patni and Nirmal Kumar Patni, situated in Ladnu at Vishwakarma Road. Out of said plot of land 1/2 portion thereof was agreed to be sold to the complainant by said Sh. Manak Chand and a for his registered agreement to sale dated 14.10.1985 was executed between them. It was further stated that out of this half portion of land from the south portion thereof 20 Gaj. land was sold by him to sons of one Gajanand Jangid, through a registered sale deed and re-maining 7-1/2 Gaj. land was sold by him to one Vandna Jangid in August 2008 through a regis-tered sale deed. It was further stated in the com-plaint that when the present petitioner came to know about it he in order to grab a major part of the land of his ownership hatched conspiracy and while mentioning a forged date i.e. 10.10.1996, dishonestly and fraudulently got an agreement to sale ('Likhit Bechan') allegedly executed from one Ramdev Ram, R/o Deedwana on a stamp paper of Rs.10 bearing No. 149, purchased in the name of complain-ant. In the said document, Sohan Ram, another accused was shown as a witnesses and in the said document viz. forged sale-deed dated 10.10.1996, signatures of the complainant were forged. It was further alleged that all this has been done by forging the date and the numbers on the stamp paper whereas stamp was recently issued, and so also, ante-dated the document and mentioned the date as 11.10.1996. It was further alleged that his (complainant) signatures on the said document were forged. Thus, a forged document has been prepared and on the basis of said forged document, the petitioner has also filed a civil suit for permanent injunction in the court of learned Civil Judge (Jr. Division) & Judicial Magistrate, Ladnu and has also obtained a temporary injunction and it is only when he (complainant) received the said temporary in-junction order that he came to know about the said forged document. It was thus, alleged that the petitioner in collusion with, two other ac-cused persons hatched a criminal conspiracy, committed forgery by creating a false document by dishonest and fraudulent means, forged his signatures and sought to use this forged docu-ment as genuine and thus, they have commit-ted the offences under Sections 467, 468, 471, 320/120B of IPC.