RAM DEO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under, Section 438 Cr.P.C for issue of a direction that in the event of arrest, the accused -applicant Ram Deo may be enlarged on bail, against whom a case under, Section 450/467 IPC is under investigation.

(2.) IT has been contended on behalf of the accused -applicant that on 15 -1 -1977, a sale deed for a sura of Rs. 1,500/ - was executed by Ramdhan in favour of the applicant with respect to Khasra No. 276/2, measuring 2 Bighas situate in village Naya Gaon, tehsil Gangapur City. It was further contended that on 16 -6 -1977, Ramdhan moved an application before the Tefrsildar, Gangapur, that he had paid Rs. 500/ - to the accused Ramdeo add has got the tend bearing Khasra No. 276/ - retransferred his name and also got a separate deed executed in his favour. Ramdhan ten filed a civil suit against the petitioner applicant Ramdev in the court of Munsif, Gangapur on 2 -11 -1977 and prayed that the sale -deed alleged to have been effected in his favour. Ramdhan them filed a civil suit against the petitioner applicant Ramdev in the Court of Munsif, Gangapur on 2 -11 -1977 and prayed that the sale -deed alleged to have been executed in his favour, the of Ramdev be cancelled and if any mutation has been effected in his favour, the same may be declared inoperative and ineffective. An application under Order 39 Rules 1 and 2 the Code of Civil Procedure was also moved along with the plaint. The court issued notices to the other side for 3 -11 -1977 As the defendant had put in appearance, the application was adjourned for consideration on 28 -2 -1978. In the meantime on 16 -11 -1977, Ramdhan filed the present complaint, which was registered under Section 420 and 467 IPC. It has been stated in the First Information Report that Ramdev has committed impersonation and forgeries and that case should be investigated against him and the registered sale -deed, which is a alleged to be in possession of Ramdev, should be recovered.

(3.) IT has been contented on behalf of the accused -applicant that as the complainant failed to secure an injunction order on the application under Order 39 Rules 1 and 2 IPC, either on 2 -11 -1977 or on 3 -11 -1977, he has filed this complaint simply to bring pressure on the applicant. It was further contended that in view of the application dated 16 -6 -1977 before the Tehsildar, Gangapur, the complaint filed by him is false and voxatious and has been filed only with a view to humiliate and harass him. It was therefore, contended that this is a fit case in which a direction' under Section 438 Cr.P.C. may be issued.