LALI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 Cr.P.C. has been filed for quashing the order dtd. 25/4/2019 passed by learned Additional Sessions Judge No.1, Sambhar Lake, District Jaipur in Criminal Revision Petition No.71/2017 whereby the revision petition against the order dtd. 15/2/2017 passed by learned Judicial Magistrate, Sambhar Lake, District Jaipur in FR No.891/2016, taking cognizance against the petitioners under Ss. 420, 467, 468 and 120-B of I.P.C., has been dismissed.

(2.) The facts in brief are that Ramchandra lodged an FIR No.79/2016 dtd. 15/3/2016 at the Police Station Phulera, Jaipur (Rural) alleging therein that the present petitioners, his daughter& son-in-law respectively, playing fraud upon him, got executed a gift deed dtd. 17/2/2016 (registered on 18/2/2016) under the pretext of execution of papers for enhancement of pension. The police after investigation submitted negative Final Report No.891/2016 finding the dispute to be of civil nature. On submission of protest petition, after examining the complainant and his witnesses under Sec. 200 and Sec. 202 Cr.P.C. respectively, the learned trial Court took cognizance against the petitioners under Ss. 420, 467, 468 and 120-B IPC vide order dtd. 15/2/2017 which has been affirmed by the learned revisional Court vide its order dtd. 25/4/2019.

(3.) Assailing the order, learned counsel for the petitioners submitted that no offence under Sec. 420 I.P.C. is made out inasmuch as no deception/fraud was played by the petitioners upon the complainant who was instigated by his son to lodge the FIR. Drawing attention of this Court towards the conclusion drawn by the Investigating Agency while submitting negative Final Report, learned counsel contended that since other daughters of the complainant have categorically stated that the complainant has executed the registered gift deed in favour of the petitioner No.1, no offence, as alleged, is made out. Referring the provisions of Sec. 464 IPC, learned counsel submitted that since there is no allegation against the accused-petitioners of making the document in question, i.e., registered gift deed; which, undisputedly, has been executed by the complainant himself, no offence under Sec. 467 or 468 I.P.C. is made out against them. Learned counsel for the petitioners relied upon the judgment of Hon'ble Apex Court of India in case of Sardar AM Khan Vs. State of Uttar Pradesh, AIR 2020 SC 626, in support of his submissions.