WPCRL/1089/2021
2021 Latest Caselaw 2261 UK

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                                  WPCRL No. 1089 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                        Mr. Ramji Srivastava, learned counsel
                                  for the petitioners.
                                        Mr. Pramod Tiwari, learned Brief
                                  Holder for the State.
                                        It is argued by learned counsel for the
                                  petitioners that petitioner no. 1 purchased a
                                  property in question and in the sale deed it
                                  was clearly mentioned that the land is clear
                                  and undisputed. Thereafter, after sometime,
                                  petitioner no. 1 was in a need of money and
                                  decided to dispose of the aforesaid land
                                  purchased by him from Smt. Kajal Nautiyal.
                                  Thereafter, Smt. Amrita Sharma and
                                  petitioner no. 1 jointly executed a sale deed
                                  in favour of Smt. Anita Bisht. Thereafter,
                                  petitioner no. 1 ad Smt. Amrita Sharma also
                                  jointly executed another sale deed of the
                                  remaining land.
                                        It is also submitted by learned counsel
                                  for the petitioner that earlier also a writ
                                  petition No. 1044 of 2021 has been filed
                                  challenging the FIR No. 44 of 2021 under
                                  Section 420 and 120-B IPC lodged against
                                  the present petitioners pertaining to the
                                  same      property/transaction    which   was
                                  disposed of by this Court in the light of
                                  judgment passed by Hon'ble Supreme Court
                                  in Arnesh Kumar's Case and as such
                                  protection may be granted to the petitioners
                                  in the present matter also.
                                        Issue notice to the third respondent.

Steps to be taken within a week. Learned counsel for the petitioners shall provide a copy of the writ petition to the learned State Counsel.

List this case after service report is received.

Having considered the submissions of learned counsel for the parties, and on perusal of the material available on record, as an interim measure, it is directed that till the next date of listing, no coercive steps shall be taken against the petitioners, provided they will cooperate with the investigation.

Stay application (IA No. 01 of 2021) stands disposed of.

(N.S. Dhanik, J.) 06.07.2021 SB