- (1.) This petition Under section 397 Criminal Procedure Code is directed against the order dated 21.10.93 whereby the learned Addl. Sessions Judge, Bayana has directed that charges for the offences Under section 379, 447 Indian Penal Code be framed against all the petitioners.
(2.) Briefly stated the relevant facts are that on 10.1.83 Om Prakash respondent No. 2 filed a complaint against the petitioners in the court of Munsif & Judicial Magistrate, Bayana alleging therein that the disputed piece of land situate at village Hailena, belonged to one Prabhati Jat, that on 15.7.74 Prabhati Jat had executed a usufructuary mortgage of the said land in favour of the complaint, that on 20.3.80 Prabhati Jat sold the land to him, that in order to carry out some construction the complainant had stored stones worth Rs. 200/- on the said land, that on 3.1.83 Radhey and Sunpun petitioners prepared a false and fictitious sale deed of the disputed land in favour of Ram Khiladi petitioner and that on 8.1.83 all the petitioners committed trespass on the disputed land and dishonestly removed the stones from complainant's possession. The learned Magistrate forwarded the complaint to the police station Weir Under section 156(3) Criminal Procedure Code for investigation. Crime No. 15 of 1983 Under sections 120B, 193, 379, 447 Indian Penal Code was registered at the Police Station Weir and investigation was started.
(3.) While the case was still pending investigation the complainant filed yet another complaint on 18.6.83 on same facts alleging therein that the police was not conducting investigation properly. This complaint was, however, dismissed on 8.11.83 for absence of and default of prosecution by the complainant.;