- (1.) The accused-petitioners have filed this Criminal Misc.Petition under Section 482 Cr.P.C. with a prayer to quash and set aside FIR No.367/2008 registered at Police Station Vaishali Nagar, Jaipur City (South) for the offences under Sections 420, 467, 468, 471 and 120-B IPC and for quashing of all subsequent orders including the order dated 22.03.2014 passed by the Metropolitan Magistrate No.11, Jaipur Metropolitan, Jaipur in Criminal Case No.448/2011 whereby the learned trial Court framed charge for the aforesaid offences against the petitioners.
(2.) Brief relevant facts for the disposal of this petition are that aforesaid FIR came to be registered on 04.05.2008 against petitioners and one Shri Madan Poonia on the complaint of the respondent with the allegations that land in dispute was allotted by Amritpuri Vikas Grah Nirman Sahakari Samiti Limited, Jaipur in favour of one Shri Damodar Prasad Sharma and since then he is in peaceful possession of the same and he also executed a power of attorney in favour of Shri Babu Lal Meena, brother of the respondent. It was further averred that petitioners and Shri Madan Poonia entered into criminal conspiracy and in pursuance thereof a forged and fabricated allotment letter dated 16.7.1988 was prepared in the name of Shri Madan Poonia and on the basis of this forged and fabricated allotment letter the land in dispute was sold by way of a forged and fabricated sale-deed by Shri Madan Poonia in favour of petitioner-Shri Pawan Chaudhary and petitioners Shri Madan Verma and Shri Mahaveer put their signatures as attested witnesses upon the said sale-deed. It was further averred in the FIR that petitioners and Shri Madan Poonia are planning to sell the land in dispute to other persons after obtaining huge amount of sale consideration from them. On the basis of aforesaid FIR, investigation was conducted and charge-sheet for the aforesaid offences came to be filed against the petitioners and Shri Madan Poonia in the Court below thereupon cognizance was taken and vide impugned order dated 22.03.2014 charges were ordered to be framed against the petitioners also for the aforesaid offences. As per charge-sheet the land in dispute was allotted by the aforesaid Housing Cooperative Society in favour of Shri Damodar Prasad Sharma by way of an allotment letter after receiving sale consideration and since then Shri Damodar Prasad Sharma is in possession thereof and he also executed a power of attorney in favour of Shri Babu Lal Meena. It was further found that Shri Madan Poonia prepared a forged and fabricated allotment letter dated 16.07.1988 in his favour showing that the land in dispute belongs to Mitra Grah Nirman Sahakari Samiti Limited, Jaipur and it was allotted to him by it and it is situated as Plot No.1 in the Housing Scheme No.9 of the aforesaid Cooperative Society and thereafter he entered into criminal conspiracy with the petitioners and sold the land in dispute in the year 2005 by way of two registered sale-deeds in favour of petitioner Shri Pawan Chuudhary and petitioners Shri Madan Verma and Shri Mahaveer put their signatures on the sale-deed so executed as attesting witness and in this conspiracy petitioner No.2-Vijendra Dillo, who is sister's son of Shri Pawan Chaudhary, was also involved. It was found by the investigating agency that petitioners were having knowledge of the fact that the allotment letter in favour of Shri Madan Poonia is a fabricated and forged document, but even then they associated themselves in the execution of sale transaction.
(3.) It was submitted by the learned counsel for the petitioners that as per charge-sheet it is the case of prosecution itself that Shri Madan Poonia prepared a forged and fabricated allotment letter dated 16.7.1988 in his favour showing that the land in dispute has been allotted to him by Mitra Grah Nirman Sahakari Samiti Limited, Jaipur and no evidence has been collected showing even prima facie that petitioners or any of them was party to the preparation of this allotment letter in any manner and, therefore, the petitioners or any of them cannot be held responsible for the preparation this allotment letter. It was further submitted that the petitioners have been charged for the offences under Sections 467,468,471 with the aid of Section 120-B IPC with the allegations that they entered into criminal conspiracy with Shri Madan Poonia knowing well that the aforesaid allotment letter is a fabricated and forged document, but no evidence has been collected showing that the petitioners or any of them was having such knowledge. It was also submitted that otherwise also mere knowledge on the part of the petitioners about forgery of the aforesaid allotment letter does not mean that they were party to the forgery or they hatched criminal conspiracy with Shri Madan Poonia and entered into sale transaction of the land in dispute. It was submitted that so far as offence under Section 420 IPC is concerned, it has not been shown by the respondent even prima facie that how petitioners or any of them cheated whom and how and in absence of any representation or concealment of any material fact on the part of the petitioners no offence of cheating can be said to have been committed by them. It was submitted that it is Shri Madan Poonia who has cheated petitioner Shri Pawan Chaudhary by entering into sale transaction with him on the basis of a forged and fabricated document.;