IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 20^th OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 35081 of 2019 BETWEEN:-

1. MOHD. IQBAL HAFIZ KHAN S/O LATE ABDUL WAHID OCCUPATION: SELF EMPLOYED R/O 12 SULEMANIYA STREET, NEAR UNANI SHAFA KHANA IBRAHIMPURA, BHOPAL, DISTT. BHOPAL (MADHYA PRADESH)

2. MOHD. MANSOOR SALAHUDDIN S/O LATE SHRI ABDUL WAHID OCCUPATION: SELF EMPLOYED R/O 12 SULEMANIYA STREET, NEAR UNANI SHAFA KHANA IBRAHIMPURA, BHOPAL, DISTT. BHOPAL (MADHYA PRADESH)

3. AKBAR HAFIZ KHAN S/O LATE SHRI ABDUL WAHID OCCUPATION: SELF EMPLOYED R/O 12 SULEMANIYA STREET, NEAR UNANI SHAFA KHANA IBRAHIMPURA, BHOPAL, DISTT. BHOPAL (MADHYA PRADESH)

4. RIZWANA KHAN D/O LATE SHRI ABDUL WAHID, AGED ABOUT 58 YEARS, OCCUPATION: HOUSEWIFE 34 NADIR COLONY SHYAMLA HILLS (MADHYA PRADESH)

5. ABBAS HAFIZ S/O IQBAL HAFIZ OCCUPATION: SELF EMPLOYED R/O 12 SULEMANIYA STREET, NEAR UNANI SHAFA KHANA IBRAHIMPURA, BHOPAL, DISTT. BHOPAL (MADHYA PRADESH)

6. DURRE SHAHWAR W/O LATE ABDUL HAFIZ OCCUPATION: HOUSEWIFE R/O 12 SULEMANIYA STREET, NEAR UNANI SHAFA KHANA IBRAHIMPURA, BHOPAL, DISTT. BHOPAL (MADHYA PRADESH)

7. ABDUL KADIR S/O LATE ABDUL MUKTADIR OCCUPATION: SELF EMPLOYED 34 NADIR COLONY SHYAMLA HILLS (MADHYA PRADESH)

.....PETITIONER (BY SHRI SANKALP KOCHAR - ADVOCATE)

AND MOHD. AMIR HASEEB S/O LATE ABDUL HASIB, AGED ABOUT 43 YEARS, R/O 819, IN FRONT OF HAMEEDIYA BOYS SCHOOL, GINNAURI, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI DEVRAJ VISHWAKARMA - ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This application under section 482 of Cr.P.C. has been filed against the order dated 11.04.2019 passed by 20^th Additional Sessions Judge, Bhopal by which the order dated 27.07.2018 passed by JMFC, Bhopal was set aside, as as well as order dated 01.08.2019 passed by JMFC, Bhopal by which cognizance of offence under Sections 467, 468 and 471 r/w Section 120-B of IPC has been taken as well as for quashment of complaint proceedings.

2. The case of the applicants is that respondent filed a private complaint alleging commission of offence under Sections 420, 467, 468, 471, 120-B r/w Section 34 of IPC against the applicants inter alia on the ground that the name of one Sarvari Begum was mutated in the revenue records in respect of area admeasuring area 32.33 acres situated in Patwari Halka No.21, Tehsil Hujur, Police Station Kohefiza, District Bhopal. Sarvari Begum passed away on 31.08.1984 and her husband had already passed away during her life time and her four children had also passed away.

3. It is the case of the respondent that applicants filed an application for mutation in respect of the property on the basis of will dated 15.05.1995. It is the case of respondent that so called will is a forged document. Respondents objected to the mutation. Ultimately, the mutation proceedings were dismissed on 07.02.2017 for want of prosecution. The JMFC refused to pass an order on application under Section 156 (3) of Cr.P.C. and converted the said application into a complaint under Section 200 of Cr.P.C. and the JMFC, Bhopal directed the police authority to submit its report after conducting enquiry. It appears that the JMFC, Bhopal did not issue any order under Section 156 (3) of Cr.P.C. and took cognizance of the matter and recorded the statements of the complainant and his witnesses under Section 200, 202 of Cr.P.C. Thereafter, an enquiry report was sought. The police after conducting the enquiry submitted a report that no offence is made out. Accordingly, the complaint was dismissed by the JMFC, Bhopal by order dated 27.07.2018.

4. Being aggrieved by the said order, the respondent preferred a Revision No.442/2018, which was allowed by the 20th Additional Session Judge, Bhopal by order dated 11.04.2019 and the order dated 27.07.2018 was set aside and the matter was remanded back with further liberty to the complainant to submit necessary verbal and documentary evidence.

5.