Narendra Kumar Jain-II, J. - (1.) - Heard learned counsel for the accused-petitioners, learned Public Prosecutor for the State as well as learned counsel for the complainant-respondent No. 2 and perused the impugned orders dated 21.9.2012 and 28.6.2012 passed by the Courts below.
(2.) The instant petition under Section 482 Criminal Procedure Code has been filed by the accused-petitioner challenging order dated 21.9.2012 passed by learned Additional Sessions Judge (Fast Track), Balotra District-Barmer (herein after referred to as 'the revisional Court') in Criminal Revision No. 87/2012 (47/2012) whereby the learned revisional Court affirmed order dated 28.6.2012 passed by learned Chief Judicial Magistrate, Barmer (hereinafter referred to as the trial Court') in Criminal Case No. 770/2012, allowing application under Section 190 Criminal Procedure Code of the complainant-respondent No. 2 Smt. Shant Devi and took cognizance against the accused-petitioners for offences punishable under Sections 420, 467, 468, 471, 474 and 120B Indian Penal Code instead of offence under Sections 465, 471 and 120B Indian Penal Code.
(3.) Brief facts of the case are that the complainant-respondent No. 2 Mrs. Shanti Devi, sister of the petitioners, filed a complaint on 27.8.2010 before the learned trial Court, inter alia, alleging that the accused persons (herein after referred to as 'the petitioners') are brothers of the complainant. There exists a firm M/s National Automobiles in Barmer, which was owned by Shri Bhanwar Lal, Advocate father of the complainant and the petitioners. Shri Bhanwar Lal died on 17.12.1975 and after his death, the complainant has every right and share in the properties and business owned by her father. The complainant alleged that the petitioners, in order to grab her share in the properties and the firm, fraudulently prepared false and fabricated affidavit and submitted the same before the Indian Oil Corporation, whereby above firm was transferred in the name of petitioners. Then, a complaint was lodged by the complainant, which was sent for investigation under Section 156(3) Criminal Procedure Code to Police Station, where F.I.R. No. 285/2010 at P.S. City Kotwali, Barmer was registered.;