RAJNI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-3-38
HIGH COURT OF RAJASTHAN
Decided on March 18,2020

RAJNI Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Sandeep Mehta, J. - (1.)The instant criminal miscellaneous petition under Section 482 CrPC has been preferred by the accused petitioners Smt. Rajni and Sandeep Kumar for assailing the order dated 06.08.2019 passed by the learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar in Criminal Revision No.52/2016 rejecting the revision petition and affirming the order dated 12.04.2012 passed by the learned Additional Chief Judicial Magistrate, Suratgarh, District Sri Ganganagar in Criminal Case No.167/2012, whereby cognizance was taken against the petitioners for the offences under Sections 420 and 120-B IPC.
(2.)Brief facts relevant and essential for disposal of the petition are noted hereinbelow.
(3.)The respondent No.2 complainant Bana Ram filed a private complainant in the Court of the learned Additional Chief Judicial Magistrate, Suratgarh alleging inter alia that he and the petitioner Smt. Rajni Sharma jointly purchased 52 bighas of land comprising of Khasra Nos.167, 185 and 190 of Village Daidaspura by way of an agreement executed on 19.11.2003 for consideration of Rs.1,04,000/-. While executing the agreement, the petitioner and the complainant were put in possession of the land. The complainant claimed that he started cultivating the land and on several occasions, he made requests to the land owner for executing the registered sale deed, but the registration was deferred for one reason or the other. It was further alleged that the petitioners Smt. Rajni and Sandeep Kumar got two separate registered sale deeds executed in their favour on 09.07.2004 and 15.03.2005 respectively each for 26 bighas of land thereby fraudulently frustrating the agreement existing in favour of the complainant. The complainant alleged that this act of the accused amounted to offences under Sections 420 and 120-B IPC. On these allegations, the complainant sought prosecution of the petitioners.


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