SURAJ PRAKASH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned Public Prosecutor and perused the material on record.

(2.) AFTER having received informations that the Housing Co- operative Societies in the city of Jaipur have been committing fraud with the public and they have even issued forged pattas and also resulting in loss of cross of rupees every month by way of revenue to the State Government in respect of registration fee. That Deputy Inspector General of Police, Special and Economic Crime had issued directions to the Additional Superintendent of Police to inquire into the matter and to intimate. A team of twelve police personnels was constituted for the purpose. During this period, a complaint was received from one Kanhiya Lal Saini on 6. 2. 2008 alleging that the petitioner has committed fraud with many persons through his Company, namely, Jhandewala Mahaveer Colonizers Pvt. Ltd. The Additional Superintendent of Police then proceeded into the matter. During the course of enquiry he received information/complaints from many other persons, namely, Laxmi Bai, Raju Sahu, Narayan Prashad, Raju Saini, Anita Devi, Parvati Devi, Jitendra Kumar Saini, Nathi Devi, Banti Saini, etc. and he also looked into the records of the co-operative societies which included the photo copies of forged pattas, receipts, etc. The inquiry officer then submitted his report, recommending action against the petitioner and other persons. Thereafter, a regular report came to be filled by Kesar Singh, Additional S. P. , Special and Economic Crime, CID, (CB) on 18. 2. 2008. The investigation commenced and after collection of evidence by the investigation agency, a challan came to be filed against the petitioner and other persons on 14. 5. 2008.

(3.) BROADLY speaking, it has emerged from the evidence collected during investigation that it was in the year 1997 that the accused-petitioner had constituted the Jhandewala Mahaveer Swami Colonizer Co-operative Society Ltd. for the purpose of estate business. In the year 2002, he became Director of the Company in place of Lovekesh Sharma. The Company then came to be known as Jandewala Mahaveer Colonizers Pvt. Ltd. The company projected its scheme to give plots of various sizes at easy installments. Attractive publication and advertisements were issued so as to invite applications from the public at large. Consequently, a large number of persons had come forward to purchase plots from the company and deposited the entire amount. But they were neither given the pattas nor the possession. Later on, forged pattas of the year 1996 in the name of Girdharilalpura area were given instead of Ladipura, the place where the plots were to be given. According to the revenue records Jhandewalal Mahaveer Colonizers Pvt. Ltd. or Mahaveer Swami Grih Nirman Sahakari Samiti does not have any land in its name. It has also come on record that Mahendra Choudhary, one of the signatories to the pattas had already died in the year 2005. During the course of investigation and on the information given by the petitioner, blank pattas of the society having the signatures of Mahendra Choudhary were recovered from the plot of Birdi Chand at Sain Colony, Jaipur.