ORDER

The applicants - Bhavya Choudhary and Divya Choudhary have filed the present petition under Section 340 of the Code of Criminal Procedure, 1973 through Power of Attorney holder Manjri Choudhary seeking initiation of appropriate criminal proceedings against the respondents for submitting a false claim in Writ Petition No.28458 of 2022 by way of reply.

02. According to the applicants, they are co-owner of the agricultural land bearing survey No.3/1 & 3/2 situated at Village Nainod, Tehsil and District Indore which they inherited vide will dated 16.10.1989 executed by her grandfather Late Shri Mitthulal Choudhary and great grandmother Late. Smt. Laxmi Bai Choudhary. According to the applicants, the respondents No.1 to 3 without their knowledge and consent by forging their signature and in collusion with the Government Officers got divided the land bearing area 13.152 hectare equally amongst the applicants and respondents.

03. As per order dated 29.03.2010, the applicants and respondent received 2.192 hectare each, whereas as per Will the applicants are entitled to 2.959 hectare of land each. On this issue alone, the applicants have approached this Court number of times by filing writ petitions and writ appeals etc.

04. The Writ Petition No.28458 of 2022 was filed by petitioners in which the respondents filed the reply and after considering the facts of the case vide order dated 23.02.2023 writ petition was dismissed with the cost of Rs.25,000/-. Now the applicants have filed this petition under Section 340 of Cr.P.C. on the ground that the statement made in the return are false, therefore, they are liable to be prosecuted by drawing a proceedings under Section 340 of Cr.P.C. The applicants also obtained a document examination report / opinion from Truth Foundation on 16.06.2023 to establish that their signature in the Fard Batwara are forged.

05. The petitioners by approaching this Court again and again on same issue are wasting the valuable time of the Court by abusing the process of law. They have not filed any civil suit till date to challenge the Fard Batwara as well as to establish their share on the land by way of Will. They want adjudication of their civil rights on the ancestral land by unnecessarily putting the respondents into the litigation before this Court by way of writ petitions. Now, this petition is filed under Section 340 of Cr.P.C. to put undue pressure on respondents so that they may succumb to their pressure. The petitioner filed the writ petition in which the respondents filed the return, the writ petition was dismissed vide order dated 23.02.2023, therefore, for any facts stated in the return on the basis of any facts stated in the return, the proceedings under Section 340 of Cr.P.C. cannot be permitted to be invoked.

06. The petitioners have challenged the order dated 23.02.2023 passed in Writ Petition No.28458 of 2022, by way of Writ Appeal No.793 of 2023 before the Division Bench of this Court. Vide order dated 02.11.2023 the Division bench has dismissed the said writ appeal by observing that the appellant / petitioner suppressed the facts. The cost of Rs.25,000/- imposed by the Writ Court has been upheld, the petitioners have suppressed the fact of dismissal of the said writ appeal in this M.Cr.C. The present petition is nothing but an abuse of process of law by the petitioner. They cannot be permitted to waste the valuable time of the High Court.

07. In view of the above, this M.Cr.C. is dismissed with the cost of Rs.25,000/- (Rupees Twenty Five Thousand Only/-) which shall be deposited before the M.P. State Legal Services Authority, Indore. (VIVEK RUSIA) JUDGE Divyansh