MST. SURAJ Vs. MULTAN

JUDGEMENT

(1.) This application under section 482 Cr. P. C. is presented by Mst. Suraj against whom the learned Judicial Magistrate First Class, Merta, has taken cognizance under sections 342 and 384 IPC. Her prayer is that the charge against her be quashed because there is absolutely no evidence against her. I heard arguments and perused the record.

(2.) One Multan Mai filed a Complaint against five persons on 14-4-75 that Mst. Suraj wife of Jai Chand came to his house two months before and placed some cloth in his house saying that she was keeping this cloth apart for her daughter Kiran as the members of her family have an objection to save cloth for the daughter and out of greed they sell it away. On 2-3-75 Mst. Suraj, her husband, her son and one Sampat Raj came to their house in the morning and alleged that the complainant had stolen the cloth. The accused then carried him to their house and called one Hari Singh accused No. 5. They threatened the complainant that both he and his wife are likely to be involved in a criminal case. They will rot in the jail unless he transferred his land in their name. Next morning they carried him to Degana and a deed of sale of his land was prepared. The deed was also registered. He was detained for two days in Degana for the purpose of mutation. His relative Gulb Puri came to Degana and reprimanded the accused who agreed to have the sale deed cancelled within a month's time. After one month they refused to cancel the deed and but however, agreed to deliver half of the land to him. He therefore, prayed that he has been a victim of conspiracy, fraud and cheating.

(3.) The learned magistrate examined Multan under section 200 Cr. P.C. on 15-4-75. In this statement the complainant stated that when Mst. Suraj said that she did not place any cloth in the house of the complainant, then accused Jai Chand, Sampat, Mahavir, Harisingh and Richhpal came to his house and asked him to deliver the stolen cloth. Those persons carried away the clothes of his wife, and daughter. They took him to their shop and made him execute a Khata for Rs. 8,000. They carried him to Degana and got a sale deed of his land executed and registered.