High CourtsSingle Bench(2011) 05 UK CK 0169

Rajender Singh Bisht, Chandra Shekhar Mamgai and Rahul Ahluwalia vs State of Uttarakhand and Suraj Bhan

Uttarakhand High Court · Decided on 21 May 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Stay Vacation Application No. 1295 of 2010, Urgency Application No. 1943 of 2011 in Criminal Miscellaneous Application (C-482) No. 873 of 2010

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Judgment

5 paragraphs · 260 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure,1973, the Petitioner has sought quashing of the proceedings of Criminal Case No. 95 of 2010, State v. Rajender Singh Bisht and Ors. relating to offences punishable u/s 420, 467, 468 and 471 and 120B I.P.C, pending in the court of Chief Judicial Magistrate, Dehradun.

3.

Learned Counsel for the Petitioners submitted that the Petitioners are the bonafide purchasers of the property in dispute and no criminal liability is attracted against them. On the other hand, on behalf of the Respondents it is pleaded that the accused Ravi Mittal and the Petitioners transferred the land which had already transferred to the complainant through registered sale deed.

4.

Having considered submissions of learned Counsel for the parties, and after going though the papers on record, this Court is not inclined to interfere with the trial as the factual disputes have been raised as to whether the Petitioners are banafide purchasers, or not.

5.

Therefore, without expressing any opinion as to final merits of the case pending before the trial court, the petition u/s 482 of Code of Criminal Procedure is dismissed, with the observation that if the Petitioners namely Rajender Singh Bisht, Chandra Shekhar Mamgai and Rahul Ahluwalia surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, keeping in mind that Ravi Mittal has already been enlarged on bail. (Stay Vacation Application No. 1295 of 2010 and Urgency Application No. 1943 of 2011 stand disposed of).