ANAND KUMAR JAIN Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS criminal misc. petition has been filed by the petitioners under section 482 Cr.P.C. for quashing the FIR No. 330 of 2010 dated 7.6.2010 registered at Police Station Nayapura, Kota City, registered for the offence under sections 467, 468, 469, 470, 471, 120 B IPC, and 420 IPC on the complaint sent by the court under section 156 (3) Cr.P.C.

(2.) THE brief facts of the case are that late Gore Lal, late Babu Lal, late Munshi lal, late Bheru lal sons of Kishan Lal by caste Koli, resident of Shreepura, Kota jointly owned Khasra Nos. 1075, 1076, 1077, 1078, 1079, 1080, 1080 (in all 7 Khasras) measuring 2.01 Hectare, which comes to 18 Bighas situated in village Deoli-arab, Tehsil Ladpura, District Kota, and Khasra Nos. 883 and 885 situated in village Tekhada, Tehsil Ladpura, District Kota. Since all the four persons were aged, they jointly executed will in favour of Badam Singh petitioner No.2 on 14.7.1992. All the four persons Gore Lal, Babu Lal, Munshi Lal, Bheru Lal sons of Kishan Lal, who had executed the will all expired one after the other. After 3.11.2007 the will became effective and Badam Singh petitioner No.2 became the only owner of the land in pursuance to the will. It is alleged in the petition that the petitioner No.2 has been in possession of the land and the land is still in his possession. It is stated in the petition that the petitioner No.2 got a notice published on 5.12.2009 in Rajathan Patrika that he has become owner of the land jointly owned by Gore Lal, Babu Lal, Munshi Lal, Bheru Lal sons of Kishan Lal, by virtue of will dated 14.7.1992 and nobody have any right to sell the land covered under will. THE petitioner No.2 Badam Singh came to know that the land owned by him is being sold by the sons of all the four executor of will, vide sale deed dated 7.10.2009 to Smt. Kiran wife of Suresh Kumar and Smt. Sunita Devi wife of Ram Kumar. THE petitioner No.2 Badam Singh came to know that on the basis of sale deed dated 7.10.2009 Smt. Kiran wife of Suresh Kumar and Smt. Sunita Devi wife of Ram Kumar, are planning to sale further land the petitioner No.2 Badam Singh has been threatened of dispossession. In view of this petitioner No.2 Badam Singh filed suit of declaration and permanent injunction against Devendra Kumar complainant and other 41 persons for cancellation of sale deed dated 7.10.2009 in the Court of District Judge, Kota and the same is pending there which has been now transferred to Additional District Judge No.4 Kota and registered as case No. 3/2010 Badam Singh vs. Devendra Kumar. Similarly Badam Singh also filed a suit against Urmila Bai wife of late Anoop Kumar, Lucky son of Anoop Kumar, Guddi, daughter of Anoop Kumar and Satyanarain Verma for declaration and permanent injunction of cancellation of sale deed dated 30.10.2009, which is registered as Suit No. 4/2010 pending before the Additional District Judge No.4 Kota City. A similar suit was also filed against Urmila and others for declaration and cancellation of sale deed dated 30.10.2009, which is registered as Suit No. 5/2010. THE respondent- complainant and other defendants filed reply to the application for temporary injunction. A suit was also filed by the petitioner Badam Singh along with temporary injunction application which was registered as Civil Misc. Case No. 6/2010. Reply to this temporary injunction application was also filed by the respondent complaint. THE respondent complainant Devendra filed a complaint under sections 467, 468, 471, 120 B IPC and 420 IPC on 7.6.2010 against the petitioners in the court of ACJM (Riots) Court Kota. THE court forwarded the complaint for inquiry under section 156 (3) Cr.P.C. on which FIR No. 330 of 2010 dated 7.6.2010 has been registered. Along with the criminal misc. petitions the petitioners filed certified copies of the documents as mentioned above. THE respondent No.2 filed application for vacation of the exparte interim order on 7.4.2011. Alongwith the application he has filed the copy of the civil suit filed by Gorelal, Babulal, Munshi Lal and Bherulal in the court of Civil Judge, Kota in the year 1984(Annexure R-1) and the opinion of the handwriting and fingerprint expert dated June 16, 2010. It was stated that the signatures made on alleged will are forged and in order to arrive at a just and proper conclusion, it is expedient in the interest of justice that the original document i.e. alleged will may be sent for opinion of the handwriting expert of Forensic Science Laboratory Jaipur. It was also prayed that the interim order may be vacated. On May 20, 2011 the petitioners filed reply to the misc. application filed by the respondent No.2 Devendra Kumar for vacation of stay dated 7.4.2011. Along with the application the petitioners filed copy of the power of attorney, will and the opinion of Forensic Expert dated 11.4.2011. On March 1, 2012 the petitioners filed application for amending the misc. petition. THEreafter the petitioners filed application under section 482 Cr.P.C. for taking on record the documents filed by Harish Kumar s/o Gorelal @ Gorilal in Civil Suit No. 3/10 pending before the Additional District Judge No.4 Kota. THE respondent No.2 filed reply to the application filed by the petitioners for amending the misc. petition. THE petitioners thereafter on May 15, 2012 filed further application for taking documents on record.

(3.) THE Apex Court in Pashaura Singh v. State of Punjab, (2010) 11 SCC 749 held as under :