GIAN PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 29.8.2003 passed by the learned Additional Sessions Judge, Fatehabad, vide which the revision filed by the complainant-Smt. Shanti Devi was accepted and the case was remanded to the learned Chief Judicial Magistrate, Fatehabad, by ordering that all the accused including the petitioner be charge-sheeted.

(2.) FIR No. 773 dated 17.12.1997 under Sections 420, 467, 471 and 120-B of the Indian Penal Code was registered against the petitioner and others at Police Station Sadar Fatehabad. The complainant in the present case is one Smt. Shanti, daughter of Jagmal of Village Ayalki. The allegation in the complaint made was that the lease rights (Dawami) of land measuring 99 kanals 7 marlas, situated in village Ayalki, were purchased by her from Balwant Singh, Kulwant Singh, Paramjit Singh and Tarlochan Singh sons of Bhan Singh of village Dhani Majra through registered deed dated 30.6.1986 on the basis of which mutation No. 73 dated 2.5.1990 was entered.

(3.) A decree of exchange was passed in favour of accused Jagmal regarding his purchase of Dawani Lessee Rights on 28th of April 1990 and mutation No. 231 dated 24-5-1996 was entered regarding the said decree. Thus it was claimed that Jagmal became owner of half share in the above described land on the basis of lessee Dawani Rights, whereas complainant had 1/4th share out of total land measuring 99 Kanals 7 Marlas.