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Judgment
Gautam Kumar Choudhary, J
Instant petition has been filed for quashing the order taking cognizance dated 21.08.2019 under Sections 406, 420, 467, 468, 471, 120B, 34 of the Indian Penal Code in connection with Adityapur P.S. Case No.273 of 2018 corresponding to G.R. No.456 of 2019.
As per the prosecution case, the informant had purchased a piece of land measuring an area 13 decimal for consideration amount of Rs.40,00,000/-from one Lila Devi, mother of petitioners by registered sale deed and thereafter the mutation had also been done in favour of informant- Dharamvir Singh and assured that she will vacate the house within 10-15 days and when he went to take the possession, he was abused and threatened that they will sell the property to some other person. After investigation, charge sheet was submitted against Lila Devi on 30.01.2019 on the basis of which cognizance has been taken.
The supplementary charge sheet has been submitted by the Investigating Officer on 04.08.2019 on the basis of cognizance has been taken against these petitioners.
It is submitted by the learned counsel on behalf of petitioners that the petitioners are absolutely innocent and no offence is made out against them. The informant of the present case has filed civil suit being Original Title Suit No.04 of 2020 against Lila Devi and during pendency of civil proceeding, criminal proceeding cannot be initiated.
Learned A.P.P. assisted by learned counsel on behalf of informant has opposed the quashing petition. It is submitted that the petitioners have not approached this Court with clean hand. Both these petitioners were granted conditional anticipatory bail by co-ordinate Bench of this Court and undertake to make payment. It is submitted that these two petitioners were deliberately in collusion with their mother not permitted the informant to take possession of the property. In A.B.A. No.8385 2018, there was specific following direction of this Court
The petitioner will not go to the place of occurrence.
The petitioner will not disturb the informant in any manner.
The informant will re-convey the title to the wife of the petitioner No.1, if she returns Rs.40,00,000/- to the informant.
The conditions have not been complied with in pursuance to the direction of this Court in Cr.M.P. No.3104 of 2019. It is apparent from the order dated 28.08.2020 passed in Cr.M.P. No.3104 of 2019 wherein again specific undertaking was given by this petitioner not to disturb the physical possession of the informant and the police has submitted the report that they were utterly violating the direction of this Court and they have committed house trespass and violated the undertaking given to the Court.
Without entering into the merit of this case, it is apparent from the earlier order passed by co-ordinate Bench of this Court that there is violation of order and the petitioner has not come with clean hand. After investigation, charge sheet has been submitted on the basis of which cognizance has been taken. There is no infirmity in the impugned order.
The Criminal Miscellaneous Petition is rejected.