Decided on October 03,2019



Vijay Bishnoi,j. - (1.) These revision petitions have been preferred by the petitioner under Section 397/401 Cr.P.C. against the order dated 28.10.2017 passed by the Sessions Judge, Jodhpur Metropolitan (for short 'the revisional court') in three separate revision petitions preferred on behalf of the private respondents whereby, the revisional court has allowed those revision petitions and set aside the order dated 04.03.2017 passed by the Addl. Chief Judicial Magistrate No. 3, Jodhpur (for short 'the trial court') in Criminal Case No. 95/15 whereby, the trial court while exercising powers under Section 319 Cr.P.C. summoned the private respondents to face trial in the above referred case along with other accused persons.
(2.) Brief facts of the case are that the petitioner filed a complaint before the concerned Magistrate stating therein that he is the proprietor of M/s Bajrang Trading Company situated at shop No. J-1/17, Krishi Upaj Mandi (Anaaj), Mandore Road, Jodhpur. The said shop was allotted to the petitioner in the year 1985 and the license was also issued to him for running trade in it by the 'Mandi' in accordance with law. It is further stated that in the year 1988, as the petitioner was not in good health, he decided to shift to Maharashtra for some time, however before going there, he informed about his ill health to accused persons Ashok Kumar Bothra and Manohar Lal Ladha, who requested the petitioner that since he is shifting to Maharashtra for health reasons, he may handover his shops to them so that they may take use of the same by putting their extra goods in it. Both of them also assured the petitioner that whenever he will return, they will handover the shops to him and in the meantime, they will regularly deposit the rent of the shops. The petitioner has further alleged that believing Ashok Kumar Bothra and Manohar Lal Ladha, he handed over keys of the shops to them on 5.12.1999 in the presence of his sons. It is further alleged by the petitioner that in the first week of February, 2000, he came to Jodhpur for some days and at that time, Ashok Kumar Bothra and Manohar Lal Ladha came to meet him at his residence when he was about to leave for Maharashtra, both the above named persons got his signatures on two blank papers on the pretext that applications are to be moved on his behalf for the electricity meter and for the purpose of depositing rent of the shops. The petitioner believing Ashok Kumar Bothra and Manohar Lal Ladha signed those blank papers and handed it over to them. It is further alleged that when in the year 2012, he returned to Jodhpur permanently and enquired about his shops then, he came to know that the shop No. J-1/17 was transferred in the name of Manohar Lal Ladha. The petitioner then obtained the necessary documents and found that the accused persons got his shop transferred fraudulently in the name of Manohar Lal Ladha by putting forged signatures of him on the relevant papers.
(3.) The petitioner named Manohar Lal Ladha, Vikash Garg, Radhey Shyam son of Poonam Chand, Murli Manohar, Sampat Raj Bardia, Poonamchand and Radhey Shyam Kumawat as accused in the complaint filed by him.;

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