PRAMOD KUMAR CHHAPARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this criminal miscellaneous petition filed under Section 482 Cr.P.C. the petitioners are challenging validity of cognizance taken by Additional Judicial Magistrate No.1 (North), Udaipur dated 30.10.2004.

(2.) THE petitioners have prayed for quashing the cognizance order passed by learned Additional Judicial Magistrate No.1 (North), Udaipur and proceedings of he case on the ground that it is gross abuse of the process of Court. Complainants Kanhaiya Lal, Smt. Manju and Bhupesh Kumawat filed a complaint in the Court of Addl. Judicial Magistrate No.1 (North), Udaipur in which, it is stated that they purchased half of the total land measuring 3 Bigha 11 Biswa comprising in Khasra No. 1557, 1559, 1580, 1581, 1582, 1583 and 1588/58 of village Sukher (Udaipur district). Said land was belonging to Mannalal Bheel and accused Ishwarlal was power of attorney of Mannalal Bheel. As per allegations, the land was purchased by the complainants at the rate of Rs. 3,50,000/- per bighas and they paid total advance amount of consideration being Rs. 6,21,000/- under agreement dated 19.12.2003 in which petitioner No.1 Pramod Kumar Chhaparwal was one of the witnesses.

(3.) LEARNED counsel for the petitioners submits that in the investigation as per statement of Mannalal Bheel who executed power of Attorney in favour of Ishwarlal categorically stated that Ishwarlal is his power of attorney and said power of attorney was once expired but it was renewed, therefore, even if entire evidence is taken into consideration no offence under Sections 406 and 420 IPC is made out. Petitioner No.1 is said to be witness of sale-agreement executed by Ishwarlal and Ishwarlal was holding valid power of attorney in his favour. The dispute in the instant case is of civil nature therefore whole proceedings including cognizance taken against the petitioners deserves to be quashed.