Chandrashekhar Manikpuri vs The State Of Chhattisgarh
2022 Latest Caselaw 6395 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                     WPCR No. 834 of 2022
     1. Chandrashekhar Manikpuri S/o Govardhandas Manikpuri Aged About 36 Years R/o
        Village Nimora, Tahsil Abhanpur, District : Raipur, Chhattisgarh
     2. Lakshmi Manikpuri D/o Govardhandas Manikpuri Aged About 38 Years R/o Village
        Nimora, Tahsil Abhanpur, District : Raipur, Chhattisgarh
     3. Smt. Devki Bai Manikpuri W/o Govardhandas Manikpuri Aged About 65 Years R/o
        Village Nimora, Tahsil Abhanpur, District : Raipur, Chhattisgarh
                                                                               ---- Petitioners
                                             Versus
     1. The State Of Chhattisgarh Through Home Department, Through Secretary, Dks
        Bhawan Mantralaya, Nawa Raipur, District : Raipur, Chhattisgarh
     2. Superintendent Of Police Collectorate, Kutchery Chowk, District : Raipur,
        Chhattisgarh
     3. Station House Officer Police Station Rakhi, District : Raipur, Chhattisgarh
     4. Mohandas Manikpuri S/o Govardhandas Manikpuri Aged About 30 Years R/o
        Village Nimora, Tahsil Abhanpur, District : Raipur, Chhattisgarh
     5. Palesh Sahu S/o Late Shri Ashok Kumar Sahu Aged About 22 Years R/o House
        No.7, Housing Board Colony, Kachna Phase-2, Saddu, Tahsil And, District : Raipur,
        Chhattisgarh
                                                                              ---- Respondents

Shri Anand Mohan Tiwari, Advocate for the petitioners.

19/10/2022 Ms. Seema Dixit, Panel for the State/respondent Nos. 1 to 3.

Heard.

Learned State counsel appears and accepts notice on behalf of respondents/State, hence, issuance of notice to respondent Nos.1 to 3 is dispensed with.

Issue notice to respondent Nos.4 & 5 on this petition as well as on I.A. No.1/2022, application for grant of interim relief, as per rules. P.F. be paid within a week.

Learned counsel for the petitioners submits that the dispute relates to family property with regard to which civil suit was filed. Although, decree has been passed by the trial Court against the petitioners, but appeal is pending before the appellate Court. It is further submitted that allegation against the petitioners are that they sold subject land of that civil suit after passing of decree by the trial Court and thereby they have committed cheating/forgery with the private respondent No.4. It is further submitted that although, subject land was sold by the petitioners after decree, but it is also true that aforesaid sale was effected after staying the effect and operation of that decree. Moreover, doctrine of lis pendens of Transfer of Troperty Act are there, therefore, result of that sale will depend on order passed by the appellate Court, but it cannot be said that any criminality/cheating has been done by the petitioners. Apart from that, it is purely a case of civil nature, hence, interim protection may be granted to the petitioner No.2- Lakshmi Manikpuri, as petitioner Nos. 1 & 3 have already been arrested by the Police.

To buttress the submission, he relied upon judgment passed by the Hon'ble Supreme Court dated 28-02-2022 in case of Syed Yaseer Ibrahim V/s State of Uttar Pradesh & anr, SLP to appeal (Crl) No.7955 of 2021.

On due consideration, it is directed that investigation in FIR No.0201 of 2022 registered at P.S. Rakhi, Dist: Raipur (C.G.) may go on , but no coercive steps shall be taken against the petitioner No.2-Lakshmi Manikpuri, till the next date of hearing.

Certified copy today.

SD/-

(N.K.Chandravanshi) Judge

Amardeep