SANDEEP MEHTA,J. - (1.) By way of this misc. petition, the petitioners have approached this Court being aggrieved of the order dated 25.06.2014 passed by the learned ACJM, Srikaranpur in connection with FR No. 159/2013 and FIR No. 1 17/2013 registered at the Police Station Srikaranpur for the offences under sections 420,467,468,471 and 365 IPC as well as for quashing of the above FIR.
(2.) Facts in brief are that the respondent No. 2 Mahendrapal submitted a complaint in the court of learned ACJM, Srikaranpur alleging that his father Amarnath had been murdered about 7-8 years ago and his assailants had been convicted and had been sentenced to life imprisonment. They were released on bail by the High Court. The complainant, who claims to be a simpleton, was left all alone after the death of his father because his sister had been married earlier and was living at her in lawsl home. His grandfather Shri Hansraj, passed away leaving behind lots of properties like agricultural land, shops, houses etc. in the Tehsil Srikaranpur. The complainant used to live all alone at the house No. 27 B Block, Srikaranpur. The accused Rajendra Kumar Sihag was always on the look out to usurp the property belonging to the complainant. He had formed a group with the other accused person with the sole objective of taking control of the complainant "?s properties. The complainant did not know the accused No. l Sohan Lal but the accused Rajendra Kumar Sihag, taking advantage of the complainant "?s simple nature : took him into confidence and engaged Sohan Lal for serving the complainant. On 01.02.2013 the complainant was illegally confined, assaulted and then abducted. He was forcibly taken from his house at Srikaranpur and was made to sign blank papers and a fraudulent and fake power of attorney was got prepared. The stamps for executing the power of attorney were purchased from Vijay Kumar Stamp Vender. The document was got drafted through Madan Lal Gumbar Deed Writer and without even producing the complainant before the Sub-Registrar, the power of attorney was got registered on 13.02.2013. On that day, the Sub-Registrar was in some village in relation to a revenue camp. Balwant Singh and Hanuman were made to identify the complainant in the fraudulently executed power of attorney, whereas they were not acquainted with the complainant. Whenever complainant inquired about the reason for preparing the power of attorney, the accused beat him up and confined him in a room. Thereafter, the accused misused the power of attorney and got executed a registered sale deed of the complainant "?s land located in the Chak 13A, Tehsil Srikaranpur through the power of attorney Sohan Lal in favour of Sanjay Kumar on 25.04.2013 at the Sub Registrar Office, Sriganganagar. The sale was made without his consent. The consideration which was mentioned in the sale deed was neither paid to the complainant nor deposited in his bank account. The complainant did not know the power of attorney holder Sohan Lal. An Aadath shop located at Hanumangarh which came to the complainant "?s share in partition was also sold in the same fraudulent manner. The complainant alleged that the accused and numerous other persons took undue advantage of the complainant "?s simple nature and got numerous of his properties sold through fake and fraudulent transactions. However, the complainant did not hand-over the possession to the alleged purchasers. The complainant resisted the attempt of the accused to get the mutation of hins property transferred by filing appropriate applications before the Revenue Appellate Authority, Sriganganagar.
(3.) The said complaint was forwarded to the Police Station Srikaranpur where FIR No. 117/2013 was registered for the offences under sections 420,467,468,471 and 365 IPC and investigation commenced. The Police conducted thorough investigation and came to a conclusion that the dispute between the parties was purely of a civil nature. Accordingly, a negative Final Report was filed in the concerned court. The complainant submitted a protest "? "?petition. The learned ACJM, Karanpur, vide order dated 25.06.2014 directed the Police to conduct further investigation into the matter.;