SAGAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal miscellaneous petition under Section 482, Cr.P.C. the petitioners have challenged the order dated 24/4/1997 passed by the learned Judi. Magistrate, 1st Class, District Jodhpur whereby the learned JudI. Magistrate took cognizance of offences punishable under Sections 147, 447, 435 read with Section 149, I.P.C. against the petitioners.

(2.) I have heard learned counsel for the parties. Perused the order impugned dated 24/4/1997 and the relevant material filed by the police before the Court below.

(3.) On 24/9/1996, Police Station Jhanwar (District Jodhpur) registered first information report No. 146 for offences under Sections 143, 447 and 435, I.P.C. on the basis of statement of non-petitioner No. 2 Purkharam complainant. It was alleged that the complainant is in possessions of agricultural field bearing khasra No. 926, measuring 14 bigha. It was further alleged that in the said field crop was standing and it has been taken away by the present petitioners. However, the case of the petitioners is that by a registered sale deed dated 27/9/1994 non- petitioner No. 2 Purkharam sold the land measuring 14 bigha in Khasra No. 926 alongwith agricultural land comprised in khasra 378 and 317, measuring 13 bigha in favour of present petitioner No. 14 Jagdish sb Magraj Mahajan for a consideration of Rs. 50,000/-. A certified copy of the registered saledeed Ex.-15 is placed on record. The said saledeed was registered at the office of Sub-Registrar, Jodhpur on 29/9/1994. The recital of the said saledeed states in clear terms that a sum of Rs. 50,000/- as sale consideration was received by the vendee Purkharam (non-petitioner No. 2) and as such he acknowledged the receipt of the entire sale consideration and physical possession of the agricultural land in question was handed over to petitioner No. 14 Jagdish sb Magraj Mahajan, the purchaser.