MOHRU AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -The accused-petitioners have filed this petition under S. 482 Cr.PC. seeking quashing of FIR No.259 of 19^7 of Police Station, Phagi District Jaipur for the offences under Sections 420,120-B. 467, 468 and 471 IPC.

(2.) The brief facts of the case are that one Sheonarain son of Raghunath Jat resident of Chandmakalan Police Station Phagi District Jaipur filed a complaint in the court of the learned Judicial Magistrate, Dudu District Jaipur against the accused-petitioners and one Ramsahay son of Ramchandra resident of Village Ratanpura that deceased Ramjeevan resident of village Chandmakalan was his Dharam- Bhai, who died four or five years ago and since then he is looking after ' his family. Deceased Ramjeevan owned and possessed some agricultural land, the details of which are mentioned in the complaint. It is alleged that accused-petitioners assured Ramjeevan that they would manage loan for him and on that assurance the accused-petitioners succeeded in obtaining a General power of attorney in favour of accused Mohru. It is further alleged that accused-petitioner Mohru got a sale deed executed in respect of the above land in favour of accused Ramsahay on 1.9.1993..He also got a sale deed executed again on 5.10.1995 in favour of Bherulal and Ramsahay in respect of a part of the above land belonging to deceased Ramjeevan. The serious allegation made by the complainant is that accused Mohru executed the above sale deed on 5.10.1995 in favour of above purchasers Bheurlal and Ramsahay even after the death of Ramjeevan. It was further alleged that in order to obtain loan in favour of Ramsahay, an application was also submitted Land Development Bank on the basis of the above forged sale deed on 11.1.1996. It is also alleged that though accused Rampyari was knowing that accused Ram Sahay does not belong to Koli Caste, she represented Ramsahay as a person belonging to Koli Caste. Even accused Rampyari also executed a document relating to the above loan in the above manner.

(3.) On receipt of this complaint, the learned Judicial Magistrate forwarded the same to the concerned S.H.O. for investigation under s. 156[3] Cr.PC. The S.H.O. registered a case against the accused-petitioners for the offences under sections 420, 120-B, 467,168 and 471 Penal Code and started investigation. Hence this misc. petition.