SHASHI KANT VYAS Vs. STATE & ANR

JUDGEMENT

(1.) These three petitions under Sections 482 Cr.P.C. have been filed by the accused petitioner Shashi Kant seeking quashing of three identical F.I.Rs. No.523/2014, 400/2014 and 524/2014 respectively registered against him at the P.S. Udaimandir, District Jodhpur for the offences under Sections 420 and 406 I.P.C. and hence, are being decided by this common order.

(2.) Facts in brief are that 30 persons including the petitioner herein jointly purchased 13 bighas of land from Khasra No.57, Village Chopasani, District Jodhpur through a registered sale deed executed in the year 199 After execution of the said registered sale deed, the 30 purchasers bifurcated the property in separate plots after carving out roads etc. For division and identification of respective shares, mutation entries were got recorded in the names of the purchasers. The petitioner claims that this bifurcation is also recorded in the Jamabandis prepared by the Revenue Department. The petitioner's name was mentioned in the agreement at Sr.No.27. A case has been set up in the petition that the petitioner's share in the chunk of land as after bifurcation was ad-measuring 1328 sq.yards. The petitioner claims to have divided this chunk of 1328 sq.yards into 9 plots of different size and numbered them as Sr.No.2 to 10. The land fell in the vicinity of Jodhpur Development Authority ('JDA' for short) , who conducted proceedings under Section 90B of the Land Revenue Act and pattas have been issued to some of the original purchasers. Feeling dire need of money, the petitioner claims to have sold plots No.8, 9 and 10 ad-measuring 200 sq.yards to the complainants herein through registered sale deeds executed on 5.8.1995. It was categorically mentioned in the sale deeds that possession was handed over to the respective purchasers. The three purchasers, complainants herein have now initiated the instant prosecution of the petitioner by filing three separate F.I.Rs. No.523/2014, 400/2014 and 524/2014 respectively registered at the P.S. Udaimandir, Jodhpur for above offences. It is alleged that the petitioner acted with a grossly fraudulent motive and intention while selling them the plots in question. The petitioner was known to the complainants and he used to frequent their homes. He fraudulently lured the complainants into purchasing the plots in question by giving them an impression that he had carved out a scheme named Sidharth Nagar in chunk of land. Thereupon, as mentioned above, the complainants purchased the plots in question for a consideration of Rs.24, 000/- each from the petitioner through registered sale deeds. The complainants further alleged that they used to go and check their plots from time to time. In the year 2008, the complainants claim to have acquired information that the mutation of the disputed land had never been entered in the name of the accused Shashi Kant Vyas and that he had surrendered entire land of Khasra No.57 in the Jodhpur Development Authority (JDA) with the intention of fraudulently usurping the plots purchased by complainants as well. The complainants too approached the JDA and made an endeavour to procure pattas for their plots but were told that the pattas could only be issued in the name of Shashi Kant. Thereafter, the complainants claim to have approached Shashi Kant and requested him to get the pattas in their names. However, soon thereafter, Shashi Kant approached the complainants and asked them to give up their plots, return the documents and take back the consideration amount. Upon this, the complainants became suspicious about his motives. Finally, the complainants were told that they could not get Pattas of any plot whatsoever and that they were free to take whatever action they desired. With these aspertions, the impugned F.I.Rs. No.523/2014, 400/2014 and 524/2014 respectively came to be lodged against the petitioner Shashi Kant Vyas at the P.S. Udaimandir for the offences under Sections 420 and 406 I.P.C. and investigation was commenced.

(3.) The accused petitioner Shashikant has challenged these F.I.Rs. by filing these three misc. petitions No.3138/2014 (F.I.R. No.523/2014) , 3137/2014 (F.I.R. No.524/2014) and 3136/2014 (F.I.R. No.400/2014) before this Court under Section 482 Cr.P.C. This Court gave interim protection to the petitioner in all the three matters and directed him to join investigation. Admittedly, the petitioner has appeared before the Investigating Officer on number of occasions and has presented all his documents. In the hearing held on 4.4.2016, this Court was apprised that the petitioner neither applied for nor did he acquire Pattas of the plots sold to the complainants. By way of a subsequent development, the complainants' plots came in a width of 75 meters from each side of the highway which was declared to be in the green corridor by the State Government's Urban Development Department and that is why, the JDA was not issuing the pattas to them. After considering the import of these submissions, the Court directed the Investigating Officer to get a report of demarcation of land from the concerned Patwari. However, the report dated 26.8.2017 which was submitted for the Court's perusal was totally perfunctory.