criminal proceedings are being taken recourse to as a weapon of harassment against a purchaser – FIR Quashed – SC
September 02, 2021
Arjun Dev and his wife Bela Rani were recorded as Bhumidhar of Plot No. 971M area 918 Aire and that they had executed a registered Power of Attorney in favour of Rajan Kumar, who has since died. On the basis of the said Power of Attorney, the said Rajan Kumar (since deceased) executed sale deeds in favour of the Appellant and his family members. One Smt. Beena Srivastava filed a Suit for cancellation of the Power of Attorney but that suit was dismissed under Order VII Rule 11 of the Code of Civil Procedure , but same was challenged before the High Court. That appeal was partly allowed with a direction on the Trial Court to return the plaint of the plaintiff for presentation before the appropriate Court. Appellant instituted Original Suit No.608 of 2016 in the Court of Civil Judge, Senior Division, Gorakhpur for permanent injunction in respect of the plots in question and temporary injunction had been granted in favour of the Appellant. This is recorded in the judgment and order under appeal. Rajan Kuma had executed the sale deed in favour of the Appellant after receiving the sale consideration. After that Respondent No.2 filed an FIR that Randheer Singh and Rajan have created a False power of attorney. Appellant approached the Hight court to quash the FIR but same was not allowed. Appeal to Apex court , it has been held that charge sheet is totally vague. There is not even a whisper in the charge-sheet of what transpired from the investigation against the Appellant herein. Appeal Allowed , FIR Quashed.
RANDHEER SINGH
VERSUS
THE STATE OF U.P. & ORS.
