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10. The case diary reveals that various residents of Rajrani Nagar Colony, Indore submitted written complaints to SHO, PS- Rajendra Nagar, Indore against Raj Bahadur and Sushil Shivastava inter-alia NEUTRAL CITATION NO. 2025:MPHC-IND:261 6 MCRC-12634-2020 alleging that Raj Bahadur and Sushil Shivastava have developed Rajrani Nagar Colony and sold the plots in the colony, but road and other development works have not been done. The complaint was inquired into. Relevant information was requisitioned from Municipal Corporation, Indore. Municipal Corporation, Indore informed that Rajrani Nagar Colony is an illegal colony. No permission was ever granted to builders Raj Bahaddur and Sushil Shrivastava for development of the said colony. The Building Officer, Zone no.- 13, Municipal Corporation, Indore submitted written complaint to SHO, PS-Rajendra Nagar, Indore dated 30.12.2019 requesting for registration of FIR and investigation into the alleged offence. Based on the inquiry, PS- Rajendra Nagar, Indore registered FIR at Crime no. 851/2019 for the offences punishable under section 292(C) of M.P. Municipal Corporation Act, 1956 and sections 420, 467, 468, 471, 34 of IPC against Raj Bahaddur and Sushil Shrivastava (petitioner). The investigation further revealed that Raj Bahadur and Sushil Shrivastava had promised to develop Rajrani Nagar Colony and transferred various plots on the basis of notarized documents to Babulal, Nehalsingh, Suresh Chouhan, Santosh Mujalda, Kaluram, Sitaram Soni, Subhash Tawade, Jagdish Kothe, Darshan Singh, Ramsingh Amaliyar, Dhulichand, Darshan Singh Devgan and received certain sums of money on promise of developing the colony. It was further revealed by investigation that Raj Bahadur and Sushil Shrivastava had executed these notarized documents to plot holders on the basis of power of attorney allegedly executed by Mathuralal Hardiya. The successors of Mathuralal alleged that the power of attorney is a forged NEUTRAL CITATION NO. 2025:MPHC-IND:261 7 MCRC-12634-2020 document. Thus, it is alleged that Raj Bahadur and Sushil Shrivastava have executed notarized documents for transfer of plots without title on the land. They did not even apply for permission to develop the colony under Chaper-23-A of the M.P. Municipal Corporation Act, 1956 and Madhya Pradesh Nagar Palika (Colonizer ka Registrikaran, Nirbandhan Tatha Shartein) Niyam, 1998.

12. The statements of plot holders recorded during investigation reveal that they were handed over the plots on the basis of notarized documents by the petitioner and Raj Bahadur from year 1989 onwards till the year 2008. Thus, the petitioner was allegedly transferring the plots and receiving money on promise of development of the colony, even after coming into force of Chapter-3 of M.P. Municipal Corporation Act, 1956 and the Rules, 1998 without applying for permission to develop the colony. The alleged transfer of plots and receipt of money without clear title to the land, that too, on the basis of notarized documents, which is NEUTRAL CITATION NO. 2025:MPHC-IND:261 8 MCRC-12634-2020 impermissible in law, goes to show the intention to defraud and cheat from the very inception. The FIR and the consequent investigation, prima-facie, make out cognizable offence of cheating, forgery and illegal colonization against the petitioner. The allegations cannot be said to be inherently improbable or manifestly attended with malafide. At this juncture, it cannot be said that the possibility of conviction is remote and bleak and continuation of criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him.