- (1.) This criminal misc. petition has been filed on behalf of the petitioners while challenging the order dated 22.1.2011 passed by the learned Judicial Magistrate First Class Sheoganj in Criminal Original Case No.718/2007 whereby the learned trial court has rejected the application preferred by the petitioners under Section 239 Cr.P.C. for discharging the petitioners for the offences punishable under Sections 420 and 120B I.P.C. in a pending trial.
(2.) Brief facts of the case are that the respondent No.2 has filed a complaint in the Court of Judicial Magistrate Sheoganj with the allegation that he, his wife and his brother had purchased plots No.64, 65 and 68 through power of attorney holder of the petitioner No.1 on 23.10.1996 and they were also given possession of the said plots. It is contended that the petitioner No.1 has fraudulently sold the said plots to the petitioner No.2 vide registered sale deed dated 14.3.2002 with intention to deprive the respondent No.2, his wife and his brother from the property in question. The learned Judicial Magistrate forwarded the complaint of the respondent No.2 for investigation under Section 156(3) Cr.P.C. The police after thorough investigation had filed a negative final report while concluding that the matter is of civil nature and no case of committing of any the criminal offence is made out against the accused persons.
(3.) On a protest petition preferred on behalf of the respondent No.2, the learned Magistrate vide order dated 10.9.2007 took cognizance against the petitioners for the offence punishable under Sections 420 and 120B I.P.C. The learned trial court has thereafter framed charges against the petitioners for the offence punishable under Sections 420 and 120B I.P.C. on 24th of Oct, 2008 and the trial of the case is pending before the learned Judicial Magistrate. In the meantime the brother of respondent No.2 Mahaveer Chand filed a civil suit for cancellation of sale deed dated 14.3.2002 executed by the petitioner No.1 in favour of petitioner No.2 for the plot No.68. The said suit was registered as Civil Suit No.78/2005, however, the learned Additional District Judge (Fast Track), Sirohi has dismissed the said suit vide judgment and decree dated 5.10.2009 and upheld the sale deed dated 14.3.2002 executed by the petitioner No.1 in favour of petitioner No.2 while holding that power of attorney executed by the petitioner No.1 in favour of Fateh Singh Rao was cancelled on 1.7.1996 itself and, therefore, Fateh Singh Rao has no authority to sell the plot No.68 to Mahaveer Chand on 23.10.1996. The learned Additional District Judge (Fast Track) Sirohi has, therefore, refused to declare the sale deed dated 14.3.2002 as void ab initio against the plaintiff.;