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Judgment
Petitioner is the accused in Crime No.3645/2017 of Pala Police Station registered for the offences under Sections 406 and 420 IPC. The
allegation against the petitioner is that he was instrumental in disposing of the property, for which an agreement for sale was executed by the title
holders in favour of the de facto complainant. It is alleged that an amount of Rs.75 lakhs was parted with by the de facto complainant to the tile
holders in respect of the property. The further allegation is that the petitioner had obtained the original of the agreement for sale from the de facto
complainant and thereafter, forged and incorporated a clause that the de facto complainant obtained the entire amount invested by him and the
agreement was cancelled.
According to the learned counsel for the de facto complainant, the petitioner falsely made an endorsement on the overleaf of page No.3 of
Annexure-A3 agreement to the effect that the de facto complainant had received the entire amounts due to him and thereby, all the terms and
conditions contained in the agreement are cancelled. According to the de facto complainant, the said endorsement as such is false and his name
shown therein is not his correct name and the signature affixed therein is also forged and fabricated.
These are matters to be investigated into. Now, the crime as such has been registered on 07.11.2017 only. Presently, it is too premature to
conclude that the FIS or FIR is false. The matter requires investigation. The question as to whether the clause incorporated on the overleaf of page
No.3 of the agreement and the signature beneath it are forged and fabricated, are also matters to be investigated, for which the petitioner shall
make available the original of the agreement to the investigating officer.
With a direction to the investigating officer to expedite the investigation, this Crl.M.C. is disposed of. The petitioner is at liberty to challenge the
final report, in case he is aggrieved.