PRABHATI LAL Vs. STATE

JUDGEMENT

(1.) Instant petition is directed against order dt.22/09/98 in Cr.Rev.-7/98 whereby Addl. Sess. Judge Bandikui (Dausa) set aside the order dt. 07/01/95 taking cognizance by Addl. Chief Judl Mag. Bandikui; and accordingly discharged respondent Nos. 2 to 4 of offence Under Sections 419, 467, 468 & 471, IPC in Cr. Case No. 17/95.

(2.) Facts giving rise to instant petition are that complainant (petitioner) was landless person, to whom State Government allotted a piece of land bearing Khasra No. 1/5 in village Urwari Tehsil Baswa (Dausa district) measuring 10 bighas, which was being cultivated by him. Petitioner is named as Prabhati Lal S/o Panchulal. Another person similarly named as Prabhatilal who is S/o Hema Koli and resident of village Shyalavas Khurd while making his personification as of petitioner (Prabhati s/o Panchu Koli) who has right & title over land in question, by making change in name of his father Hema Koli to Panchu Koli sold the land to respondent NO. 2-Mohanlal by getting it attested through respondent Nos. 3 & 4 and got sale deed whereof registered in the office of Sub Registrar as a consequence whereof, respondent No. 2 got it mutated in his own name on 01/07OF 1992. Petitioner challenged such mutation initially by separate proceedings in Revenue Court but as it was a case of preparation of forged document for transfer of land at the instance of Prabhati S/o Hema Koli, the petitioner filed a complaint which was sent for investigation Under Section 156(3) CrPC, on which criminal case was registered at PS Bandikui for offences Under Sections 420/468/471, IPC, against Prabhati S/o Hema Koli and respondent Nos.2 to 4. After investigation, the police filed charge sheet against against Prabhati S/o Hema Koli and respondent Nos.2 to 4 for offences Under Section 419, 467, 468 & 471, IPC and after taking note of charge sheet and its accompanied documents, learned Magistrate took cognizance of offences Under Section 419, 467, 468 & 471, IPC and issued process against Prabhati S/o Hema Koli and respondent Nos.2 to 4 vide order dt.07/01/95 against which respondent Nos.2 to 4 preferred revision petition which was allowed by Court of Revision setting aside order dt.07/01/95 of taking cognizance as a consequence whereof, respondent Nos.2 to 4 were discharged vide order dt.22/09/98. Hence this petition.

(3.) Counsel for petitioner while supporting order of Magistrate taking cognizance of offences submits that not only in complaint but also statements recorded in course of investigation it has come on record that Mohanlal (respondent NO. 2) being purchaser was aware of the document being fabricated on the part of Prabhati S/o Hema Koli by making his personification as of petitioner because Mohanlal was also resident of nearby place and it was within his knowledge at the time of sale deed being registered that the person (Prabhati S/o Hema Koli) who was selling the land in question to him, was not in fact owner of the land and by such personification, creation of forged document has resulted in depriving the petitioner of his land and in such circumstances, there was prima facie material constituting commission of offence on the part of respondents as well on the basis whereof, learned Magistrate rightly took cognizance but despite there being aforesaid material, Court of Revision has wrongly proceeded on the premise that Mohanlal purchased the land in good faith inasmuch as there has been a litigation pending in between the parties before civil court, as such no offence can be said to be made out against accused respondents.