SANDEEP MEHTA,J. - (1.) The instant revision and the misc. petition are directed against the order dated 18.12.2014 passed by the Judicial Magistrate No.2, Sri Ganganagar in Criminal Case No.322/2009 whereby charges were framed against the accused Brij Mohan for the offences under Sections 419 and 420 and the order dated 19.08.2015 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Sri Ganganagar in Criminal Revision No.26/2015 whereby charge under Section 420 IPC was quashed.
(2.) Whilst the accused Brij Mohan has approached this Court by way of Criminal Misc. Petition No.2710/2015 for challenging the remaining charge under Section 419 IPC; the complainant Daulat Ram has approached this Court by way of revision No.13/2016 seeking to challenge the order passed by the revisional court and praying that the order passed by the learned Magistrate may be restored.
(3.) Facts in brief:- The complainant Daulat Ram, resident of Chak Manphoolsinghwala, Tehsil and District Sri Ganganagar, lodged a complaint in the court of learned Judicial Magistrate No.2, Sri Ganganagar on 17.05.2008 alleging inter alia that a few days earlier, the Patwari concerned came to his house and inquired about Brij Mohan son of Daulat Ram. The complainant replied that neither did any person by the said name live at his house, nor was he known to the complainant. The Patwari further inquired as to whether any of his family members owned agriculture land measuring 13 bighas 18 biswas in the Muraba No.54 of Chak 12 LL. The complainant replied that he was not having any son by the name Brij Mohan nor had he purchased the property in Muraba No.54. The complainant became suspicious by the queries and started an inquiry. He came to know that a person named Brij Mohan, resident of Begawali, Tehsil and District Fazilka (Punjab) whose father's name is Daulat Ram son of Begaram, had purchased property in State of Rajasthan by concealing his true identity and domicile. The complainant alleged that there was a legal bar on purchase of agricultural land by any person not being a domicile of Rajasthan. Brij Mohan and his father Daulat Ram conspired and purchased agriculture land in Rajasthan by playing fraud about their domicile and got the same registered in their names in the year 1981. For purchasing the property, these persons procured forged and fraudulent bonafide resident certificates, ration cards, etc. and indulged in impersonation. The said complaint was forwarded to the police station Chunavadh for investigation where an FIR No.66/2008 was registered. During investigation, the investigating officer, tried to trace out the record pertaining to the procurement of the bonafide resident certificate by the accused Brij Mohan but came to know that it had been weeded out. The investigating officer claims to have collected evidence to the effect that the accused Brij Mohan son of Daulat Ram, who was a permanent resident of Begawali (Punjab), fraudulently procured ration card and bonafide resident certificate of Rajasthan and on the basis of these documents, he purchased agricultural land in the Chak 12 LL and was thus liable to be prosecuted for the offences under Sections 419 and 420 IPC. With these conclusions, a charge-sheet came to be filed against Brij Mohan (petitioner in Criminal Misc. Petition No.2710/2015) for the offences under Sections 419 and 420 IPC. The trial Judge proceeded to frame charges against the accused for these offences by order dated 18.12.2014 which was challenged in revision by the accused Brij Mohan. The revisional court, partially accepted the revision and upheld the order framing charge against Brij Mohan to the extent of offence under Section 419 holding that the accused impersonated himself to be Brij Mohan son of Daulat Ram and grandson of Nanuram and thereby, got the bonafide certificate issued in a fraudulent manner. However, since no evidence was led to the effect that Brij Mohan cheated and fraudulently deprived anyone of valuable security or properly, the charge under Section 420 IPC was quashed and set aside.;