Gopal Krishan Vyas, J. - (1.) The instant criminal revision petition has been filed by the petitioner under Section 397 read with Section 401 Cr.P.C. against the order dated 6.8.2014 passed by the Addl. Sessions Judge No.1, Udiapur Camp Mawali in Cr. Revision Petition No.86/2012 whereby the said court allowed the revision petition filed by the non-petitioners nos. 2 to 4 and set aside the order dated 22.6.2012 passed by the Addl. Chief Judicial Magistrate, Mawali in FR No.74/2008 filed by the SHO, Police Station Dabok in FIR no.223/2008 and remitted the case to the learned trial court for passing fresh order after providing an opportunity of hearing to the effected parties.
(2.) As per the facts of the case a complaint was filed in the court of Addl. Chief Judicial Magistrate, Mawali, Distrit Udaipur alleging therein by the complainant that his agricultural land situated in village Tulsidasji - Ki - Saray, Patwar Area Gudali in Araji No.920/618 and 924/1 measuring 6 bighas 8 biswa and the Araji No.668 measuring 4 bigha is belonging to Daula and Rama in which the father of the complainant is having ⅓rd share and father of the complainant no.2 Kamla is having ⅓rd share and they are in possession of the land. It was alleged that Rama is mentally disabled and is deaf and dump person and the accused taken away Rama from his house for the purpose of treatment and leave again in the evening of same day and upon asking by the complainant, the accused persons told that the documents have been executed by taking the thumb impression of Rama and the share of Rama has been transferred by the accused by executing the sale deed.
(3.) Upon the aforesaid complaint, the police station Dabok registered the FIR no.223/2008 and commenced the investigation but after investigation filed negative report on the basis of false ground. The non-petitioners filed protest petition and made request for reinvestigation in the matter on certain points on which the learned Magistrate sent the case for re-investigation. As per the petitioners, the matter was reinvestigated, but again police filed FR observing that no case is made out. After filing protest petition against FR, the learned Magistrate dismissed the protest petition vide order dated 22.6.2012 and upon complaint made by the SHO, Police Station Dabok under Section 211 IPC registered the case against the non-petitioners and while taking cognizance against non-petitioners Kamla, Ganesh and Mohan Lal issued bailable warrant of Rs.Rs.5,000/-. The non-petitioners preferred revision petition and the learned Addl. Sessions Judge, Udaipur Camp Mawali allowed the revision petition and while quashing the order dated 22.6.2012 remitted the case to the court of Addl. Chief Judicial Magistrate, Mawali, District Udaipur for deciding the matter fresh.;