Allahabad High Court
Ravindra Singh vs State Of Up And 2 Others on 30 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2024:AHC:98840-DB
Reserved On-19.05.2024
Delivered On-30.05.2024
Case :- CRIMINAL MISC. WRIT PETITION No. - 5465 of 2024
Petitioner :- Ravindra Singh
Respondent :- State Of Up And 2 Others
Counsel for Petitioner :- Krishna Kant Dubey,Santosh Kumar Dubey
Counsel for Respondent :- Abhinav Gaur,G.A.
Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
(Delivered by Hon'ble Siddharth, J.)
1. Heard Sri Santosh Kumar Dubey, learned counsel for the petitioner, learned AGA for the respondent nos. 1 and 2, Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Abhinav Gaur, learned counsel for the respondent no. 3 and the perused the record.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 01.03.2024, registered as Case Crime No. 159 of 2024, under sections- 419, 420, 467, 468, 471 and 506 of IPC, Police Station- Sahibabad, Trans Hindan(Commissionerate Ghaziabad), District - Ghaziabad and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. There is allegation in the FIR lodged by Dr. P.N. Arora, respondent no.3, that he alongwith Dr. Dinesh Arora, are running Yashoda Hospital and Research Centre Limited since 1990, in Nehru Nagar and Kaushabmi, Ghaziabad. The informant has another company in the name of Crown Apartment Private Limited. The aforesaid company has sold 23 plots which are recorded in revenue records. The aforesaid company has sold the land of Khasra Nos. 1268, 1135 and 32177.52 square meter for construction of Arthala Metro Station to Ghaziabad Development Authority for an amount of Rs. 6,96, 15,000/-. Regarding other 18 Khasra numbers, the company is still recorded on owner in possession. This land is situated near the metro station and on main highway of Sahibabad to Meerut and is quite costly. One, Raj Kumar Agarwal, who was not real person, by representing himself as real Raj Kumar Agarwal son of Gopal Das Agarwal has executed sale deeds of different plots of land of village, Arthala, which was on the backside of the land of informant on the basis of fabricated power of attorney to land mafiya, Rajendra Prasad Sharma, Bhramanad Singh and Hanumant Prasad Singh on the basis of other fraudulent power of attorney. Further plots were sold to co-accused, Vinay Sharma and Ravinder Singh, the petitioner.
4. The purchasers have repeatedly tried to take possession over the land of the company of informant. Accused persons are land mafiyas by showing the land of Parshavnath Developers, they are trying to sale of the land of the respondent no. 3, which belongs to his company, Crown Apartments Private Limited.
5. Learned counsel for the petitioner submits that the Raj Kumar Agarwal is the actual owner of the property and the power of attorney in favour of petitioner is not fabricated. He has submitted that for the same cause of action another FIR was lodged by Raj Kumar Agarwal against the petitioner and another person on 21.12.2020 which was registered as Case Crime No. 535 of 2020, under sections 420, 467, 468 IPC, Police Station- Sahibabad, District- Ghaziabad, wherein he was granted bail on 23.07.2021. On the same allegations, the present FIR has been lodged by the respondent no. 3 which is hit by the judgment of the Apex Court in the case of T.T.Antony vs State Of Kerala & Ors 2001 (6) SCC 181. The petitioner has no other criminal history.
6. Learned Senior counsel for the informant submits that on the basis of illegally executed power of attorney of Raj Kumar Agarwal in his favour and favour of co-accused, Vinay Sharma, they were trying to sell number of plots. When the real Raj Kumar Agarwal came to know of the power of attorney executed in his name in favour of petitioner, he lodged FIR against the petitioner which is admitted to him in the writ petition and he obtained bail. The petitioner stated to have criminal history of three cases including case under the Gangster Act.
7. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioners at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under article 226 of Constitution of India. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
8. After considering the fact that even the real Raj Kumar Agarwal has lodged the FIR against the petitioner in the year 2021, this court is of the view that the FIR in the present case cannot be quashed. Hence the writ petition is dismissed.
9. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioner appears and surrender before the court below within 60 days from today and applies for bail/anticipatory bail, his prayer for bail/anticipatory bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
10. With the aforesaid directions, this petition is finally disposed of.
11. However, in case, the petitioner does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
12. It is made clear that the petitioners will not be granted any further time by this Court for surrendering before the court below as directed above.
Order Date :- 30.05.2024
Abhishek
(Surendra Singh-I,J.) (Siddharth,J.)
