Ashok Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 1042 MP

   1      THE HIGH COURT OF MADHYA PRADESH
                   M.Cr.C. No.16169/2021
                Ashok Sharma Vs. State of M.P.

Gwalior, Dated:24/03/2021

       Shri Ram Sahodar Tiwari, Advocate for applicant.

       Shri R.K. Awasthi, Public Prosecutor for respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 8/2/2021 passed in M.Cr.C. No.6977/2021.

The applicant has been arrested on 22/1/2021 in connection

with Crime No.148/2016 registered at Police Station Thatipur,

District Gwalior for offence under Sections 420, 467, 468 and 471 of

IPC.

It is the case of the prosecution that the applicant had filed

M.Cr.C. No.9340/2015 before this Court alongwith copy of the

agreement to sell. The said application was disposed of by this Court

by order dated 18/12/2015 with a direction to the applicant to submit

a proper report to the Police Station Thatipur, District Gwalior and in

case if such a report is submitted, then the SHO shall take appropriate

action in accordance with law, in the light of the judgment passed by

the Supreme Court in the case of Lalita Kumari Vs. Government of

U.P. and others reported in (2014) 2 SCC 1. It is submitted that

during the course of enquiry the police came to a conclusion that the

copy of the agreement to sell, which was filed by the applicant before 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.16169/2021 Ashok Sharma Vs. State of M.P.

this Court in M.Cr.C. No.9340/2015, was a manipulated document

because in the original agreement to sell, the total consideration

amount as well as remaining outstanding amount were not

mentioned, but in the agreement to sell, which was filed before this

Court, amounts were filled by hand. It is submitted by the counsel for

the applicant that the Investigating Officer has not investigated the

matter from the point of view as to whether the applicant had filed

the manipulated and forged agreement to sell before this Court or the

agreement to sell was manipulated by somebody else during

pendency of M.Cr.C. No.9340/2015. The police has not recorded the

statements of the Filing Clerk of the High Court, Dealing Clerk,

Default Checker, Registrar of the High Court to prima facie show

that the agreement to sell, which was filed by the applicant alongwith

M.Cr.C. No.9340/2015, was never manipulated when the said

document was in custodia legis. It is further submitted that it was

agreed upon between the parties that the total amount of the land

would be settled at the time of execution of sale deed and, therefore,

the agreement to sell with blank spaces was executed.

Heard learned counsel for the applicant.

The arguments, which have been raised by the applicant, are

far-feteched arguments. In M.Cr.C. No.9340/2015 notices were never

issued. In the M.Cr.C. No.9340/2015, which was filed by the 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.16169/2021 Ashok Sharma Vs. State of M.P.

applicant, it was alleged that one Awadh Bihari agreed to sell plots

No.150, 151, 152, 153, 154, 155, 156 and 157 situated in New Ashok

Colony, Cremation Ground Road, Morar, District Gwalior, but the

said land was not belonging to Awadh Bihari and when the applicant

pointed out as to why he executed a forged agreement to sell, then he

was threatened and on these allegations, the applicant had prayed that

the police should take action against Awadh Bihari. From the order-

sheets of M.Cr.C. No.9340/2015, it is clear that on two occasions, i.e.

16/9/2015 and 29/10/2015, the case was adjourned at the request of

counsel for the applicant and it was finally disposed of on the third

date, i.e.18/12/2015. Unless and until the person against whom

complaints were made by the applicant was aware of filing of

application by the applicant under Section 482 of Cr.P.C., nobody had

any interest and occasion to manipulate any document. Further,

Awadh Bihari was not impleaded as respondent in M.Cr.C.

No.9340/2015.

So far as the argument of the counsel for the applicant that

there was no necessity for the applicant to enter any amount in the

blank spaces is concerned, the same cannot be accepted. By

interpolating the agreement to sell, the applicant must have tried to

project that Awadh Bihari has executed an agreement to sell in

respect of a land which does not belong to him for a huge 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.16169/2021 Ashok Sharma Vs. State of M.P.

consideration amount. Furthermore, the applicant is a Builder by

profession. It cannot be said that the applicant had entered into an

agreement to sell with blank spaces unknowingly.

In view of the allegations that the applicant filed a forged and

manipulated document before this Court as well as the fact that his

application filed under Section 482 of Cr.P.C. which was registered

as M.Cr.C. No.2526/2021 has already been dismissed by order dated

27/1/2021 and the first bail application of the applicant has also been

dismissed on merits by order dated 8/2/2021 passed in M.Cr.C.

No.6977/2021, no case is made out for taking a different view.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Arun*

ARUN KUMAR MISHRA 2021.03.25 14:58:19 +05'30'