Document Fragment View

Matching Fragments

5. After investigation, charge-sheet came to be filed before the Court of JMFC Gadawara District Narsinghpur registered as Cr. Case No.756/2018. Being aggrieved by this criminal proceedings, the applicant filed this petition under Section 482 of Cr.P.c. on the ground that he had purchased a part of the land which falls 1/6th [0.09 hectare] share of the total land with the consent of sons of Pannalal i.e. Vijay, Tekchand, Subhash and Bablu on 20.02.1995 and on that basis, applied for recording the name in the revenue record. Thereafter, mutation was done vide order dated 17.05.1995 and in the year 2000, the land was diverted for the commercial purpose and constructed a Hotel thereupon. After a lapse of 19 years complainant Dhannalal, out of greed challenged the mutation order dated 17.5.1995 (Annexure-D-4) before the SDO Gadarwara on 25.2.2014 which is still pending and on 27.04.2017 i.e. after a lapse of 23 years, lodged a complaint before the Police Station Narsinghpur and send a written complaint to the Superintendent of Police, Narsinghpur.

6. Learned Senior counsel for the applicant submits that applicant has falsely been implicated in the case whereas, he has not committed any offence. The dispute between the applicant and complainant Dhannalal is purely of civil nature. Applicant purchased the land near about 23 years ago and complainant remained silent for a period of 23 years. Complainant- Dhannalal can file a civil Suit for declaration of their title and to declare the sale deed and mutation order as null and void before the trial Court but he has filed criminal complaint for blackmailing the applicant. The ingredients of Sections 420 and 409 of IPC prima facie has not made out against the applicant. The complainant and his brothers and sister also sold out the part of the land situate in Khasara No.236 to some person and further Khasara No.236 divided into 16 sub-divisions i.e. Khasara No.236/1 to 236/16. Most of the purchaser got mutated their name in the revenue record. The complainant lodged a forged and fictitious complaint and prayed to set aside the criminal case and criminal proceedings initiated against the applicant.

9. It is not disputed that the Makkhan Bai is the wife of Pannalal Soni, they have five sons namely Dhannalal Soni, Vijay, Tekchand, Subhash and Bablu and two daughters Asha Bai and Vimla Bai. After the death of Makkhan Bai and Pannalal, the names of the aforesaid legal heirs were jointly recorded in the revenue record. The name of Jai Prakash Soni and other persons were also recorded in the revenue record jointly. It is undisputed that the partition among the co-owners has not been taken place, but as per allegation made by the complainant Dhannalal in the FIR and in his statement recorded under Section 161 of Cr.P.C, the co-owners sold out their shares to some person who in turn recorded their names in the records of rights and in the same way, present applicant Hemraj also recorded his name in the revenue record on the basis of unregistered sale deed. Complainant alleged that he and his brothers have not put their signature on the sale deed nor they have given their consent for mutation. It is also undisputed fact that complainant has not filed any Civil Suit for declaration of their title and declaration of sale deed and mutation order as null and void.

13. It is contended by the Senior counsel for the applicant that NTPC in the year 2012 had acquired some land for set up Super Thermal Power Project near Chichli as a result of rise in the price of land complainant out of greed had challenged the mutation order after a lapse of 19 years in order to create pressure on the applicant. The allegations made in the FIR and the criminal case appears to be of civil nature. The dispute is of a civil nature, and criminal proceedings against the accused would be an abuse of the process of law. The arguments advanced by the counsel for the applicant has force because the applicant instead of adopting the remedy of civil suit, adopted the criminal course for pressuring the applicant.