OMKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal revision petition filed by Omkar and others under Section 397/401 Cr. PC against the judgment dated 20 -3 -1986 passed by the learned Additional Sessions Judge, Dausa, camp at Jaipur in Cr. Revision Petition No. 13/85, whereby he accepted the revision petition of the non -petitioner and reversed the judgment and order dated 11th November, 1982 passed by the Munsif and Judicial Magistrate, Sambher in Cr. case No. 81/82 (345/79), by which the learned Munsif had discharged the petitioners for offence alleged to have been committed under Sections 419, 420, 468 and 120B, IPC.

(2.) BRIEF facts giving rise to this revision petition are that complainant Mangu alias Ramjiwan s/o Dalu Ram Ahir, resident of Haripura filed a criminal complaint in the court of Munsif Magistrate, Sambher -Lake against 7 persons, including the petitioners, alleging that there is a land bearing khasra No. 323 measuring 2 bighas and 15 biswas and khasra No. 325 measuring bighas and 11 biswas, situate at Village Bagpura, which belonged to the complainant and the pass -book of the said land is also with him. It was alleged that all the accused petitioners conspired together on 23 -9 -1978 that the complainant had expired and that Mogha, Kalu Gangaram, and Ramlal are his legal representatives, therefore, the mutation entries he made in their names. It was also alleged that Srinath Das, Patwari Chandlal Sarpanch and Omkar also supported this false story. The complainant, therefore, suffered a loss of Rs. 15,000/ -. It was alleged that due to this conspiracy the mutation entry was made on 21 -11 -1978. It was further alleged that he went to the Police Station on 21 -7 -1987, but no report was taken and therefore, the complaint was filed in the court. Learned Munsif and Judicial Magistrate forwarded the complaint for investigation to the police under Section 156(3) Cr. P.C. On receipt of this report, the police registered a case No. 76 and started investigation, it came to the conclusion that a case under Sections 420, 419 468 IPC was made out against the 4 accused petitioners, as such the challan regarding the above offence was filed against these petitioners.

(3.) AGGRIEVED by this order of discharge, the State of Rajasthan preferred a revision petition before the Sessions Judge, Jaipur City, Jaipur, which was transferred for disposal to the Additional Sessions Judge, Dausa, Camp -Jaipur, who vide its judgment and order dated 20 -3 -1986 allowed the revision petition and set -aside the order dated 11 -11 -1982 passed by the learned trial court.