Delhi District Court
Ms. Ruchi Singh Bedi vs . State on 19 March, 2012
Ms. Ruchi Singh Bedi Vs. State
IN THE COURT OF SHRI RAJENDER KUMAR SHASTRI
ADDL. SESSIONS JUDGE02:SOUTH EAST
SAKET COURT: NEW DELHI
IN RE: Criminal Revision No. 34/11
ID No. 02406R0249582011
Ms. Ruchi Singh Bedi
W/o Sh. Anil Singh Bedi
R/o 9/11, Ground Floor,
Nehru Enclave, Kalkaji,
New Delhi. . . . . Revisionist
VERSUS
State .... Respondent
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Date of institution : 28.09.2011
Date when arguments were heard : 12.03.2012
Date of Order : 19.03.2012
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ORDER
This is a revision petition U/s 397 read with Section 399 of Code of Criminal Procedure directed against an order dated 15.09.2011 passed by MM, SouthEast, Saket, New Delhi.
On 29.08.2006, one Smt. Neelam Saini d/o Sh. P. L. Saini (complainant) gave a complaint to SHO PS Kalkaji, New Delhi. Compendium of same is produced as follow : "Dear Sir, Mrs. Ruchi Bedi w/o Shri Anil Bedi (accused) intended to sell ground floor of house i.e. CR No. 34/11 1/5 Ms. Ruchi Singh Bedi Vs. State property No.9/11, Nehru Enclave, Kalkaji, New Delhi to me for a sale consideration of Rs.35 lakhs. I advanced a sum of Rs.1.00 lakh on 19/7/2006, vide agreement to sell.
For past ten days, I have visited the premises so many times with balance money to handover and to complete other formalities. Smt. Ruchi Bedi does not take rest of money and denies to repay advance money. In this way, neither advance is paid back to me nor the balance amount of Rs. 34.00 lakhs is taken from me, for completing the sale transaction.
Moreover, I understand that she i.e. accused has also taken advance money for sale of this house, from other persons also."
On the basis of said complaint, FIR No. 1091/06 was registered in PS Kalkaji. After investigation, police filed report U/s 173 Cr.P.C. indicting accused for offence punishable U/s 420/406 IPC. After hearing APP for State and counsel for accused, Ld. MM found it a prima facie case of forgery by making a false document i.e. GPA, to cheat the intended purchaser by making such false document, forgery of an authority i.e. GPA and using this forged document as genuine one, in order to sell an immovable property and again inducing the intended purchaser i.e. complainant to deliver the amount of sale consideration dishonestly, by cheating in aforesaid manner having common intention with Yogesh Kumar, all punishable under Sections 465/467/468/471/34 IPC.
CR No. 34/11 2/5
Ms. Ruchi Singh Bedi Vs. State The petitioner/accused was ordered to be charged accordingly. Feeling aggrieved by said order, accused has approached this court through revision petition in hands.
It is submitted by Ld. Counsel for revisionist that the trial court passed impugned order in a mechanical manner, without applying his judicial mind. Same did not consider that property in question still stands in the revenue record in the name of revisionist. Moreover, the complainant as well as accused have reached a compromise. This fact was also ignored by the trial court. Contending all this, as well as the fact that it was a dispute of civil nature between the parties, the revisionist could not have been charged for offences mentioned above, Ld. Counsel requested to set aside impugned order.
On the other hand, as per Ld. APP, there was no infirmity in the impugned order and a prima facie case was made out against the accused. Ld. APP reminded that as per findings given by the Apex court as well as various High Courts including our own High Court, the trial court was not required to give detailed reasons for framing of charge.
After investigation, police came to conclusion that the General Power of Attorney allegedly executed by Sh. Joginder Singh Bedi in favour of Sh. Yogesh Kumar was fake and forged. The accused derived title on the basis of sale deed allegedly executed by said Yogesh Kumar. In this way, the revisionist was ultimate beneficiary of said document i.e. CR No. 34/11 3/5 Ms. Ruchi Singh Bedi Vs. State GPA allegedly executed by Joginder Singh Bedi, which is stated to be forged. The revisionist is also alleged to have entered into agreement to sell same property with several other intended purchasers. In my opinion, all this was enough to raise strong suspicion about involvement of revisionist in crime in question.
Even if it is presumed that the complainant as well as accused have compromised the matter, most of offences mentioned above are not compoundable.
Even if property in question stands in the name of revisionist in the name of revenue record, same never means that the revisionist had not committed any offence or the document i.e. GPA was not forged. Similarly, if the document allegedly forged by the accused was in relation to same property, never means that no criminal action be taken against the person, who appears to have forged such a document.
I find no illegality or infirmity in the impugned order. Revision petition is thus set aside.
While taking cognizance of offence, following order was passed by Ld. MM concerned : "Present: Accused produced from JC.
IO SI Prabhu Dayal.
Challan filed by IO. Heard. Perused. I take cognizance. Copies supplied. Put up for scrutiny of documents and Charge on 29.01.2007 and rehnumai 15.01.2007.
CR No. 34/11 4/5
Ms. Ruchi Singh Bedi Vs. State M.M./ New Delhi 02.01.2007."
It is not clear from said order as to whether Ld. MM found any case worth proceeding against Yogesh Kumar or not. While, as per case of prosecution, both of them i.e. accused Ruchi Singh Bedi as well as said Yogesh Kumar had common intention to forge general power of attorney in favour of said Yogesh Kumar. The trial court is directed to clarify as to whether any case was made out against said Yogesh Kumar or not and if any prima facie case is made out against said person, to proceed against him, as per law.
Report of trial court be called within four weeks from today. Let trial court record be sent back along with copy of this order.
File of this court be consigned to record room. Announced in open court (RAJENDER KUMAR SHASTRI) Dated 19th March , 2012 Addl. Sessions Judge02: South East Saket Court: New Delhi CR No. 34/11 5/5