IMPORTANT POINTS
(1) Nothing has been done which is beyond jurisdiction and competence of the Special Court, SC/ST (POA) Act.
(2) Exercise of the inherent powers to quash the proceedings is called for only in case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive.

ORDER

Akhil Kumar Srivastava, J.—At the request of the learned counsel of both the parties, the matter has been heard finally at motion hearing stage.

2. Since all the above petitions have arisen out of a common order of cognizance dated 12/04/2018 passed by the Special Court, Sagar under SC/ST (Prevention of Atrocities) Act 1989, they were heard together and are being disposed of by this common order.

3. These are the petitions, rather appeals, under Section 482 of the Code of Criminal Procedure read with Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, the Act’). The petitioners are praying for quashing of order dated 12.04.2018 passed by learned Special Judge (Atrocities), Sagar in unregistered complaint case, by which cognizance of the offences punishable under Sections 420, 467, 468, 472 of the IPC and Sections 3(1)(v) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been taken against Smt. Nirmala, the appellant in Criminal Appeal No.3554/2018 and Sharad Kumar, the petitioner in MCrC No.24031/2018 whereas cognizance of the offence punishable under Section 120B of the IPC has been taken against Amit Kumar, the appellant in Criminal Appeal No.3430/2018. Further, petitioners in MCrC No.19244/2019 & MCrC No.15517/2019 seek quashment of FIR No.01/2019 registered at Police Station A.J.K. District Sagar for the offence under Sections 419, 420, 467, 468, 471 and 120B of IPC and Section 3(2)(v) of the Act. The appellant in CRA No.3533/2018 seek quashment of proceedings in Cri. Case No.SCATR 119/2018.

4. Admittedly, complainants Hariram Ahirwar and Gowardhan Ahirawar belong to Scheduled Caste whereas the present appellants/petitioners are members of Non SC/ST Caste.

5. The allegations, as contained in the complaint, are that Parasram and his nephew Gowardhan jointly purchased a property, bearing Plot No.15, Part of Khasra No.140/3 admeasuring 930 sq. ft, situated at Mouza Tili, Patwari Halka No.166, Tahsil and District Sagar vide registered sale deed dated 06.05.1996. The issueless Parasram who is brother of complainant Hariram, died on 26.07.2010. During his lifetime, he executed a Will dated 29.05.2010 by virtue of which, he bequeathed the aforesaid property as well as other properties to his wife Shanti Bai and brother Hariram, the complainant herein, according to the shares given by Parasram (since deceased). After death of Parasram, names of complainants Hariram as well as that of Gowardhan were recorded in the revenue record. As complainant Hariram was in service and mostly out of town, and Gowardhan was also indisposed and not capable even to walk, therefore, could not visit the land in question and when petitioners Smt. Nirmala and Santosh Singh have started construction over the land in question, the complainant came to know about it on 15.7.2015.

6. Later, the complainant came to know that some persons including the petitioners impersonated and sold the land to Sharad Kumar Jain. Sharad Kumar Jain then transferred the land to Amit Kumar through the power of attorney issued to Sharad Kumar Jain. Subsequently, Amit Kumar has transferred the land to Nirmala Gupta and Santosh and other persons by forged registered saledeeds. Thus, taking undue advantage, the petitioners in order to grab the property in question, made a false representation that the property is in their possession and transferred the same through forged registered sale-deeds. The factual score as depicted are that the petitioners are alleged to have made false and forged signatures of Parasram & Gowardhan and affixing fictitious photographs and thus executed bogus registered sale deed.

7. It is pertinent to note that an FIR being Crime No.01/2017 has also been lodged by complainant Hariram on 22.06.2017 against accused Rajendra Sahu, Dhirendra Vishwakarma, Sunil Dubey, Mahendra Patel, Kanhaiyalal and Ramji Kushwaha and despite complaint dated 2