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1989 Supreme(Raj) 27

G.K.SHARMA
Pukhraj – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.M. Singhvi, for Petitioner; M.C. Bhati, Public prosecutor

G.K. SHARMA, J.—This revision petition is directed against the order dated 27th April, 83, by which, the Judicial Magistrate, Bhinmal took cognizance against the petitioner u/ss. 467, 468, 419/109 & 120B, IPC.

2. To understand the controversy, it is necessary to narrate here certain facts of the case. On 4th July 78, one Teja styling himself as Ratna, executed a sale deed for Khasra No. 167, situated in village Morsim, in favour of his son Anda, for a sum of Rs. 5,000/- Teja was identified by Kana, as Ratna. One Achla was attesting witness of this document. Bhawani Shanker, Advocate and one Ganeshram, Scribe also identified Teja as Ratna. The document was then registered later on, the real Ratna came to know this fact on 10th July, 78 and consequently, he lodged an FIR at PS Bhinmal, on 13th July 78. The police registered a case u/ss. 419, 420, 467, & 468 IPC. ,

3. After completing usual investigation, the police submitted a challan against Teja, Kana & Anda and Achla, who shown as absconders.

4. During the trial, the learned Magistrate after framing charge, recorded statements of the prosecution witnesses and he also recorded statements of 4 persons including that Bhawanishanker Advo







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