Avinash Peswani vs State Of Chhattisgarh
2021 Latest Caselaw 408 Chatt

Citation : 2021 Latest Caselaw 408 Chatt
Judgement Date : 18 June, 2021

Chattisgarh High Court

Avinash Peswani vs State Of Chhattisgarh on 18 June, 2021

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                              WPCR No. 309 of 2021

             Avinash Peswani Versus State of Chhattisgarh & another




18/06/2021           Mr. Goutam Khetrapal, Advocate for the petitioner.

                     Mr. Alok Nigam, Govt. Advocate for the State.

                     Heard.

                     It is submitted by the counsel for the petitioner that this petition
             has been brought seeking quashment of the FIR registered as Crime No.
             167/2021 in Police Station Civil Line, Bilaspur against the petitioner.

                     It is submitted that the summary of the FIR lodged is that the land
             in question was earlier sold by Holaram to some other persons in the
             year 1985, which has been purchased by the Complainant i.e.
             respondent No.2 and subsequent to that he is in possession.               The

allegations against the petitioner is that he has sold the same land in the capacity of power of attorney holder of Holaram to one Mahesh Kumar Agrawal on 16/06/2020 , therefore, offence of fraud and forgery etc., were committed by the petitioner.

It is submitted by the petitioner that Holaram was defendant in Civil Suit No. 30-A/2009, in which by virtue of the judgment dated 09/09/2019, there is a decree in favour of Holaram on the basis of counter claim filed by him. It is on this basis mutation has taken place in revenue records and the sale-deed was executed. Therefore, there is no criminality in the act of the petitioner's side. Prayer has been made to admit the petition for hearing and also to grant interim relief.

Counsel appearing on behalf of the State opposes the submissions and prays for time to file reply.

Considered on the submissions.

Notice be issued to respondent No. 2 on payment of PF as per rules.

In the meantime, it is ordered that investigation in the FIR registered may go on, but no coercive steps shall be taken against the petitioner till the next date of hearing.

List this case after four weeks.

Sd/-

(Rajendra Chandra Singh Samant) Judge

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