ABHISHEK HADA Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. against the order dated 9.3.2015 passed by the Additional Sessions Judge No.18, Jaipur Metropolitan, Jaipur in Criminal Revision Petition No.08/2015 whereby the learned Revisional Court by dismissing the revision petition filed by the petitioner uphled and affirmed the order dated 9.1.2015 passed by the Metropolitan Magistrate No.17, Jaipur Metropolitan, Jaipur in Criminal Case No.174/2014 whereby the learned trial Court ordered to frame charge against the petitioner and co-accused for the offences under Sections 420, 467, 468, 471 readwith Section 120-B IPC.

(3.) Brief relevant facts for the disposal of this petition are that on the information furnished by the complainant-respondent, FIR No.108/2014 for the aforesaid offences came to be registered against the petitioner and co-accused at Police Station Banipark, Jaipur City (South) and after investigation charge-sheet was filed against them. The main allegation against the petitioner and co-accused is that they entered into a criminal conspiracy and in pursuance thereof they prepared a forged and fabricated agreement to sell and power of attorney and on the strength of power of attorney co-accused-Shri Uttam Chand Jain sold the property in dispute to petitioner by way of a shame registered sale deed without any sale consideration. It was also alleged that co-accused-Sunita put her signature on the said agreement as a witness. It is to be noted that during the course of investigation the agreement to sell in question was recovered and it was sent to FSL for examination and as per the FSL report, it was opined that it bears the signature of Smt. Saroj Jain, who is sister of the complainant-respondent. It is further pertinent to note that the power of attorney in question could not be recovered and, therefore, it was not sent for examination by the handwriting expert.