Order on Board

Per Ramesh Sinha, Chief Justice

01.05.2024

1. Heard Mr. Shobhit Kosta, Advocate appears for petitioners in CRMP No.

614/2024 and appears for respondent No. 2 in CRMP No. 676/2024. Also heard Mr. Malay Shrivastava, Advocate appears for petitioners in CRMP No. 676/2024 and appears for respondent No. 2 in CRMP No. 614/2024 and also heard Mr. Vinay Pandey, learned Deputy Advocate General appears for the State.

2. The petitioners and respondent No. 2 in CRMP No. 614/2024 have filed the instant petition under Section 482 read with Section 320 of CrPC for quashment of the FIR registered against them at Police Station- Baradawar, District- Janjgir-Champa (at present District-Sakti) (C.G.) bearing Crime No.

45/2018 and Criminal Case No. 435/2022 pending in the court of Chief Judicial Magistrate, Sakti, District-Sakti for the commission of offence which is punishable under Sections 420, 467, 468, 471, 120-B, 34 of the Indian Penal Code and the petitioners and respondent No. 2 in CRMP No. 676/2024 have filed the instant petition under Section 482 of CrPC for quashing of Final Report registered against them at Police Station- Sakti, District- Janjgir- Champa (at present District-Sakti) (C.G.) bearing Crime No. 252/2018 and Criminal Case No. 924/2018 pending in the court of Chief Judicial Magistrate, Sakti, District- Sakti for commission of offence which is punishable under Section 420, 34 of the Indian Penal Code.

3. The allegation against the present petitioners are that the respondent No.2 filed the written complaint on the ground that the land bearing Khasra No. 77, area 2.12 acre and Khasra No. 76/8, area 0.04 ½ acre are in the name of Mithulal, Gyarsi, Pawan Kumar, Shiv Kumar, Kailash Kumar and Gyatri Devi. On 20.07.2006, the petitioners No. 4 and 5 have executed a relinquishment deed in favour of Chouthmal with respect to the land. After executing the relinquishment deed in favour of Chouthmal, the petitioners No. 4 and 5 have executed a forged sale deed on 08.08.2017 in favour of petitioners No. 1 and 3 by way of power of attorney which was executed by petitioners No. 4 and 5 in favour of petitioner No. 2. Based upon the written report of the respondent No. 2, FIR under Section 420, 34 of the IPC was registered against the petitioners by respondent No. 1 on 06.02.2018 and after concluding the investigation, the charge sheet under Sections 420, 467, 468, 471, 120-B, 34 of the IPC has been filed on 29.12.2021 in the court of Judaical Magistrate First Class, Sakti and the case was registered as Criminal Case No. 435/2022.

4. The petitioner No. 5 has also lodged an FIR against the respondent No. 2 and son of respondent No. 2 is at Police Station-Sakti for the commission of offence which is punishable under Section 420, 34 of the IPC which is registered as Crime No. 252/2018.

5. The CRMP 676/2022 is filed by the petitioner for quashment of FIR registered at Police Station- Sakti, District- Janjgir- Champa (at present District- Sakti) bearing Crime No. 252/2018 and Criminal Case No. 924/2018 pending in the court of Chief Judicial Magistrate, Sakti, District- Sakti (C.G.) for the commission of offence which is punishable under Section 420, 34 of the Indian Penal Code. As per the petitioner, respondent No. 2 has submitted the written report against the petitioners Pawan Kumar Modi and Anand Modi alleging that on 19.11.1996 the power of attorney was executed in favour of the petitioner No. 1 by Bhagwati Devi, Chouthmal, Mithulal and respondent No. 2 with respect to the land bearing Khasra No. 675/1, area 4.27 acres and on 01.02.1999, Bhagwati Modi died and after the death of Bhagwati Modi, the petitioner No. 1 has executed a sale deed of Khasra No. 675/1, area 4.27 acres in favour of the petitioner No. 2 using the power of attorney on 24.03.2006. So on this report, the FIR under Section 420, 34 of the Indian Penal Code was registered against the petitioner on 01.05.2018 and after concluding the investigation, the charge-sheet has be