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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

JUDGMENT

SYED AHMAD ALI RAZVI & ANR. VS. STATE OF RAJ. &

ANR.

S.B.Criminal Revision Petition

No.286 of 2000 under Section

397 read with section 401

Cr.P.C. against the order dated

April 20, 2000 of Additional

Chief Judicial Magistrte No.1

Ajmer in Case No. 262 of 1992

framing charge against the

accused petitioners for the

offence under sections 419,

420, 468, and 120 B IPC.

Date of Order

: March 24 , 2009

PRESENT

HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Mr. A.K.Gupta, for the petitioners

Mr. Ashwin Garg, for non-petitioner No.2.

Mr. Pradeep Srimal, Public Prosecutor for the State.

BY THE COURT :

The petitioners Sayed Ahmad Ali

Razvi and Sayed Irfan Ali Razvi filed

this revision petition against the order

dated April 20, 2000 of Additional Chief Judicial

Magistrte No.1 Ajmer in Case No. 262 of 1992

framing charge against them for the offence under

sections 419, 420, 468, and 120 B IPC. As the

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revision petition was not traceable, the record

of S.B.Cr. Revision Petition No.286 of 2000 was

reconstituted vide order of this Court dated

September 9, 2008. The learned counsel for the

petitioner No.1 informed that Sayed Ahmad Ali

Razvi, petitioner No.1 died.

2. Brief facts of the case are that

complainant non -petitioner Sayed Raze Ali

Razvi on January 13, 1980 lodged FIR at Police

Station Kotwali Ajmer, which was registered at

No.6 of 1980 under section 420 IPC against the

accused petitioners. As per this report the

complainant submitted that his father Alhaz

Sayed Hussain Ali Razvi Vakil Zavra died on

November 25, 1967 at Ajmer. He was Kalid Bardar

and Khidmad Gujar of Mazar Dargah Khawaza

Saheb, Ajmer, hence he was known to various

persons of India and also of foreign countries

and they used to send him gifts by post. After

the death of his father, he told his brother

Molvi Sayed Ahmed Ali Razvi Vakil Zavra to send

the information regarding the death of their

father to all persons knowing to their father.

His brother told him that he had sent

information to all the persons regarding the

death of their father. It was mentioned that

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some time before, he came to know that his

brother Molvi Sayed Ahmed Ali Razvi did not

send information regarding death of their

father and the persons who were knowing to their

father continued to send money orders and drafts

through registered post. It was mentioned that

till today the persons are sending Nazrana

through post and bank drafts. The complainant

mentioned that he did not approve this method of

extorting money from the persons and taking the

same in the name of a dead person cheating the

employees of the postal depatment and this was

an illegal act. He came to know that this work

was being done after the death of his father.

When he talked to his brother Ahmed Ali then he

refused and told that he never took such

amount. In such a situation with intention to

judge his truth-ness he sent some money orders

from post office Bokaro Steel City, District

Dhanbad and from its branch post offices in the

name of his late father and from the above city

also sent a demand draft of Rs. 500/- bearing

number A 22094 dated 3.4.79 through registered

post No. 192 of 4^th of July, 1979. After that

he made inquiries from the Bank of Baroda Ajmer

Branch then he came to know that the above said

draft was encashed on May 2, 1979 by the

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account holder No. 13948. This account holder

was Shri Ahmed Ali. It was mentioned that the

registered letter No. 333 dated 21.5.79 and

Insured registered letter dated May 23, 1979

bearing No. 055 was got released from GPO Ajmer.

The accused persons got released so many

amounts. It was mentioned that he also went

to the General Post Office, Ajmer and Manager

Ban