HEMANT SONI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS criminal misc. petition under section 482 CrPC has been filed by the petitioner with a prayer for quashing the FIR No. 204/2014 of Police Station, Gordhan Villas, Udaipur. The impugned FIR has been lodged at the instance of respondent No. 2 alleging therein that he and his wife were allotted a plot by U.I.T. Udaipur in Udaipur Town in the year 1996. It is contended that the said plot was never sold either by respondent No. 2 or his wife at any point of time, however, the accused -persons have prepared a forged power of attorney dated 14.03.1998 of the respondent No. 2 and his wife and on the basis of the said forged power of attorney, sold the plot in question to the petitioner vide registered sale deed dated 29.08.2013.

(2.) LEARNED counsel for the petitioner has submitted that the petitioner has purchased the plot from one Rajkumar Bhadaviya on the basis of power of attorney of respondent No. 2 and his wife and he is a bonafide purchaser. It is submitted that the petitioner had no knowledge about the fact that power of attorney executed in favour of Rajkumar Bhadaviya by respondent No. 2 and his wife was forged. It is further contended that there is no allegation in the impugned FIR that the petitioner has committed the offence of cheating or prepared any forged document. Learned counsel for the petitioner has further argued that he has already filed a complaint against respondent No. 2 and his wife before Additional Chief Judicial Magistrate No. 1, Udaipur alleging therein that the respondent No. 2 and his wife along with other accused -persons have committed offence of cheating and the court below has summoned respondent No. 2 and his wife through arrest warrant.

(3.) LEARNED Public Prosecutor as well as the counsel for the respondent No. 2 have argued that in the impugned FIR specific allegations have been levelled against the petitioner that he along with other accused persons has entered into a criminal conspiracy and prepared forged power of attorney and also got the plot registered in his name and, therefore, prima facie case is made out.