SWEETY BAFANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred this criminal misc. petition under Sec. 482 Cr.P.C. against the order dtd. 4/8/2018 passed by learned Additional Chief Judicial Magistrate, Merta in Criminal Original Case No.416/2016 (Old 11/2012) State Vs. Bidam Kanwar, whereby application preferred by petitioners under Sec. 239 read with Sec. 216 Cr.P.C. has been rejected.

(2.) The petitioners, in this petition, are challenging the validity and propriety of the order dtd. 4/8/2018 whereby the application preferred by the petitioners under Sec. 239 read with Sec. 216 Cr.P.C. for discharging them, has been rejected by the learned court below.

(3.) Brief facts of the case, as noticed by this Court are that the allegation levelled by respondent No.2-complainant, Smt. Manju Surana, against the petitioners was that at Revenue Village Raghunathpura, grandfather of the complainant was having 100 Bighas 2 Biswa land. The allegation was that complainant's grandfather expired way back in the year 1971, and thereafter, one Ramniwas Bhanwaria, got a power of attorney executed on 19/9/2008 from Mahaveer Raj and Bidam Kanwar. It was further alleged that in place of complainant- Smt. Manju Surana and her sister Sunita, the persons who signed and impersonated them were Smt. Chanchal Devi and Smt. Sweety, who are the petitioners. The land in question was thereafter, sold on 13/5/2009 on the basis of the said impersonated signatures. The mutation entry is also said to have been done.