SATYENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Petition has been preferred under Sec. 482 praying for the following reliefs:-

(2.) This Criminal Misc. Petition has been preferred against the charge-sheet, bearing no. 87(88), dtd. 29/6/2017 (arising out the F.I.R. No. 229/2016, registered at Police Station, Gogunda, District Udaipur), whereby the petitioner has been charge-sheeted for the offences under Ss. 420 and 406 I.P.C. and the criminal proceedings accordingly, have been initiated against him.

(3.) Brief facts of the case as placed before this Court by the learned counsel for the petitioner are that it is the version of the prosecution that complainant, Jinesh Nandawat S/o Shri Prakash Chandra Nandawat submitted a complaint before the Superintendent of Police, Udaipur alleging therein that the Najool property of the accused measuring 10037.50 sq. ft. situated in Village Sayra, Tehsil Gogunda, District Udaipur, which he obtained through auction, for which a sale deed was also executed in his favour. And that, a conditional agreement for the same was executed between him and the accused-petitioner on 19/1/2016. And that, as per the said agreement, it was agreed between them that the complainant would pay a sum of Rs.1.00 crore to the accused, and that thereafter, both of them would sell the said plot and divide the profits in the ratio of 60:40, to the accused and the complainant, respectively. And that the complainant paid a sum of Rs.45.00 lakhs to the accused on 16/1/2016, and the remaining sum of Rs.55.00 lakhs was agreed to paid by him to the accused petitioner at a later date. And that, on 28/9/2016, as alleged, it came to the knowledge of the complainant that the accused-petitioner has sold the said land to 6 different persons on 21/4/2016 and the sale deed thereof had been executed in 1/6th share and each was sold off for Rs.8,20,000.00. And that, upon receipt of such complaint, the concerned police authority forwarded the same to the S.H.O. Gogunga, for investigation, who in turn, registered a case bearing F.I.R. No. 229/2016 for the offences under Sec. 420, 406, 467, 478, 471 and 120-B I.P.C. against the petitioner, and upon completion of investigation, filed the charge-sheet for the offences under Ss. 420 and 406 I.P.C. before the learned court below.