- (1.) Heard learned counsel for the parties.
(2.) By way of the instant misc. petition, the petitioners have approached this Court seeking quashing of the order dated 28.9.2013 passed by the learned Judicial Magistrate No.1 (North), Udaipur in connection with F.R. case No.70/2008 emanating from FIR No.188/2008 registered at P.S. Hathi Pole, Udaipur, whereby, the learned Magistrate took cognizance against the petitioners for the offences under Sections 420 and 120B IPC.
(3.) Facts in brief are that the respondent no.2/ complainant Hari Shanker Paliwal submitted a complaint in the concerned Court with the allegation that the accused Asgar Ali had sold his agricultural land to the complainant in the year 1968. Thereafter, he again fraudulently sold the same chunk of land to the present petitioner no.1 Smt.Deepika director of M/s. Chirag Propmart Pvt. Ltd. and got executed a registered document for such sale. The complaint was forwarded to P.S. Hathi Pole, Udaipur for investigation where FIR No.188/2008 was registered for the offences under Sections 420 and 120B IPC against the petitioners. After thorough investigation, the Investigating Officer came to a conclusion that Asgar Ali had sold his agriculture land to the complainant way back in the year 1968. Concealing the said fact, Asgar Ali again sold the same land to petitioner no.1 Deepika by way of a registered sale deed and the petitioners no.2 & 3 Ashraf Ali and Vijay respectively stood as witnesses in the sale transaction. The purchaser Deepika & the witnesses Ashraf Ali and Vijay (the petitioners therein), were found innocent whereas Asgar Ali who was the perpetrator of the fraudulent sale transaction had already passed away earlier and thus, a FR was submitted in the Court owing to the death of the sole accused Asgar Ali, person responsible for the offence. The respondent no.2/complainant submitted a protest petition in the trial Court and recorded evidence in support thereof. The trial Court, by its order dated 28.9.2013 proceeded to take cognizance of the offences under Sections 420 and 120B IPC and summoned the petitioners as accused in the case, upon which, the instant misc. petition has been preferred on behalf of the petitioners seeking quashing of the above order and all subsequent proceedings sought to be taken thereunder.;