Uttarakhand High Court
C482/1640/2023 on 16 August, 2023
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C482 No. 1640 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. Digvijay Singh Bisht, Advocate, for the
applicants.
Mrs. Lata Negi, Brief Holder, for the State of
Uttarakhand.
This C-482 Application entails consideration
of an intricate conveyances, which has been made
of the disputed property lying in Khasra Nos. 71
and 72, which have been claimed by the applicants
to be belonging to them, which is said to have been
wrongfully sold by one Mr. Mahesh Chandra to the
complainant Dalveer Singh, who, in turn, contends
that Mahesh Chandra in fact was the purchaser of
the aforesaid plots from the brother of the present
applicants.
The learned counsel for the applicants
submits, that the applicants are not responsible at all
for the aforesaid transaction of the wrongful sale
made to the complainant by Mahesh Chandra, in
order to force them to face the trial under Section
420 of the IPC in Criminal Case No. 72 of 2023, in
which, they have been summoned by an order dated
10th February, 2023, by the Court of Judicial
Magistrate, 2nd, Haridwar.
Since it is an intricate question and flowing
of the title of the disputed property, which has been
the subject matter of conveyances entered into
between the parties, because even the applicants
contend, that they have sold their share to a third
person.
All these factual issues are required to be
determined by the Court of Judicial Magistrate, 2nd,
Haridwar, but owing to the fact, that the order dated
10th February, 2023, has been issued by virtue of
which, an NBW has been issued against the
applicants and the applicants are apprehending
immediate threat of being arrested.
Without venturing or recording any finding
with regard to the chronology of transaction, which
has taken place between the parties, and their
respective right of sale, all these issues are required
to be decided by the Court, who is ceased with the
trial of Criminal Case No. 72 of 2023, State Vs.
Mahesh Chandra and others, which has to be
independently decided after taking into
consideration the respective evidence to be adduced
by the parties.
But, in order to rule out the possibility of
immediate apprehension of arrest by virtue of the
order dated 10th February, 2023, which is too
impugned in the present C-482 Application, this C-
482 Application would stand disposed of, leaving it
open for the applicants to surrender before the
Court of Judicial Magistrate, 2nd, Haridwar, within a
period of two weeks from today and resort to their
remedies as provided under the judgment of
Hon'ble Apex Court as reported in (2022) 10 SCC
51, Satender Kumar Antil Vs. Central Bureau of
Investigation and another.
For a period of two weeks or till the
applicants are considered to be released on bail in
the light of guidelines framed in para 3 (e) of the
judgment of Satender Kumar Antil (Supra), non
bailable warrants issued against them, would not be
given effect to.
Subject to the aforesaid exception, the C-482
Application stands disposed of.
(Sharad Kumar Sharma, J.)
Dated 16.08.2023
Shiv
