At the discharge stage, the court must assume the prosecution's materials are true and evaluate if they disclose all elements of the alleged offence.

JUDGMENT :-

1. Rule. Rule made returnable forthwith and with consent of parties heard finally at the stage of admission.

2. By the present Petition under Article 226 and 227 of the Constitution of India, the Petitioner takes exception to the judgment dated 17.04.2018 passed by the learned Sessions Judge, Jalna, in Criminal Revision Application No.102 of 2013 thereby upheld order of rejection of application for discharge passed by the learned Chief Judicial Magistrate, Jalna, below Exh.17 in Regular Criminal Case No.891 of 2010 on 16.09.2013.

3. The Petitioner is the original accused and the Respondent No.2 is the original complainant in Criminal Misc. Application No.590 of 2009. For the sake of brevity, I would like to refer parties to the present Petition in their original capacity as the complainant and the accused.

4. Respondent No.2/complainant filed the Criminal Misc. Application No.590 of 2009 and prayed for investigation under Section 156(3) of the Code of Criminal Procedure for the offence under Sections 420, 465, 468, 471, 506(2) of I.P.C. According to the complainant, in the year 1990, he purchased the immovable property bearing C.T.S. No.4700, admeasuring 1394.31 square meter within the limit of Municipal Council, Jalna. However, he was out of Jalna city for education purpose of his children and business. According to Respondent No.2/complainant, he is exclusive owner of said property and nobody is shareholder in said property. However, the Petitioner/ accused, taking advantage of his absence, had persuaded his father, Tekchandji Dembda, to execute a Deed of Partition in respect of said property. It is further alleged that, on 06.08.1998, the Petitioner/accused executed the false and bogus partition-deed in respect of property C.T.S. No.4700 by impersonating him and by putting signature of some other person and produced some other person before the Sub-Registrar, Jalna in his place and got executed deed of partition. Therefore, the Petitioner/accused committed an offence punishable under Sections 420, 465, 468, 471, 506(2) of I.P.C., hence, prayed for investigation under Section 156(3) of Cr.P.C.

5. On 09.12.2009, the learned J.M.F.C. Jalna, passed an order in Criminal Misc. Application No.590 of 2009 and directed the concerned Police Station to conduct investigation under Section 156(3) of Cr.P.C., for the said alleged offences. In pursuance of said order, the Crime M. No. 9 of 2009 registered on 12.12.2009. The Investigating Officer conducted investigation, recorded statements of witnesses and seized the deed of partition dated 06.08.1998 under seizure panchanama. During the course of investigation, the Investigating Officer referred seized deed of partition for examination to the Handwriting Expert with other specimen signatures and thumb impressions of Respondent No.2/ complainant. Accordingly, on 26.08.2010, the Investigating Officer received Expert’s Opinion, wherein, it has opined that, the Thumb Impressions appearing on Register of the Sub-Registrar office are not matched with the specimen L.T.P and R.T.P. marked A-(L) A-(R) of the Respondent no. 2/complainant Bharatkumar Teckchandji Dembda and specimen L.T.P. and R.T.P. marked X-(L) X-(R) are of petitioner/accused Shri Suryaprakash Tekchand Demada. Accordingly, the Investigating Officer filed the charge-sheet against the Petitioner/accused for the offence under Sections 420, 465, 468, 471, 506(2) of I.P.C.

6. After service of summons, the Petitioner/accused appeared before the learned Chief Judicial Magistrate. Thereafter, the Petitioner/Accused filed an application (Exh.17) under Section 227 of Cr.P.C. and prayed for discharge in Crime M. Case No. 9 of 2009 registered.

7. On 16.09.2013, the learned Chief Judicial Magistrate passed order and rejected the Application for discharge. Being aggrieved by said order, the Petitioner/accused filed Criminal Revision Application No.102 of 2013 before the Sessions Court. On 17.04.2018, the learned Sessions Judge, Jalna, pass