PARMANAND ADWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Misc. Petition has been preferred on behalf of the accused petitioners Parmanand Adwani and Mangi Lal seeking quashing of the order dtd. 21/5/2012 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities Act) Cases, Pali in Criminal Revision No.77/2013 as well as the order dtd. 19/8/2015 passed by the Court of Judicial Magistrate No.2, Pali in Criminal Original Case No.184/2012, whereby the learned Magistrate took cognizance under Ss. 420 & 120-B of the IPC and issued process against them.

(2.) Briefly stated the facts of the case would be that the respondents Smt. Geeta Devi and Mangal Singh filed a criminal complaint based on which an FIR was lodged. It was stated in the complaint that one Smt. Chhaniya happened to be mother- in-law of the complainant Smt. Geeta and the other accused Radha, Pushpa and Laxmi are her sister-in-laws. Her father-in- law and husband had died intestated. There is a shop situated at Mill Gate, Pali in the name of her father-in-law and the said shop was given to respondent No.2 Mangal Singh by Smt. Geeta to take care of it and later on 25/9/2009, the same was sold to him by way of execution of a registered sale deed and the possession was also handed over to him. The complainant Smt. Geeta and Mangal Singh were arrested on 11/12/2009 in relation to a dispute of the shop in question and whereupon they came to know that the said shop had been sold to the petitioner Parmanand by the vendor Smt. Chhaniya through a registered sale deed dtd. 18/9/2009 and possession had been handed over to him.

(3.) The complainant lodged a protest, upon which an inquiry was initiated. During the inquiry, the complainant was examined under Sec. 200 Cr.P.C. and her witnesses under Sec. 202 Cr.P.C. The learned Magistrate heard the complainant and thereafter took cognizance of the offence.