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Judgment
Dharam Veer, J.—This is stay vacation application No. 7927 of 2010, which has been filed by respondent No. 3, with a prayer to vacate the interim stay order dated 3.9.2010 passed by this Court in the present writ petition.
Heard Mr. Ramji Srivastava, learned Counsel for the petitioner, Mr. Amit Bhatt, learned Additional Government Advocate for the State and Mr. Lok Pal Singh, learned Counsel for respondent No. 3 and perused the counter affidavit filed by respondent No. 3.
Learned Counsel for respondent No. 3 has stated that the petitioner is not law-abiding citizen rather he is land grabber. It is further submitted that a double storied house including land was purchased by respondent No. 3 from the petitioner but after about 8 years, the petitioner turned dishonest and to achieve his ulterior motive to grab the house of respondent No. 3, initially he threatened the respondent No. 3 to execute the sale deed in his favour but when the respondent No. 3 declined to accept his illegal demand then the petitioner with the help of co-accused persons threatened the respondent No. 3 for dire consequences and ultimately he succeeded to get demolish the double storied house of respondent No. 3.
Learned Counsel for respondent No. 3 submitted that the proceedings under the Gundas Act were initiated against the petitioner and following cases are pending against him:
i) Case Crime No. 127 of 1991 under Sections 419, 420, 471, 467, 468, P.S. Cantt.
ii) Case Crime No. 135/91 under Sections 448, 506 of IPC, P.S. Cantt.
iii) Case Crime No. 380/91 under Sections 419, 420, 467, 468, 471 IPC, P.S. Cantt.
iv) Case Crime No. 420/91 under Sections 448, 506 IPC, P.S. Cantt.
v) Case Crime No. 565/91, under Sections 323, 504, 506 IPC, P.S. Kotwali.
vi) Case Crime No. 572/91 under Sections 147, 148, 149, 307 IPC, P.S. Kotwali.
vii) Case Crime No. 573/91 u/s 25 of Arms Act, P.S. Kotwali.
viii) Case Crime No. 575/91 u/s 3(1) Gunda Act, P.S. Kotwali.
ix) Case Crime No. 575/99 under Sections 307, 506 IPC, P.S. Kotwali.
x) Case Crime No. 123/99 under Sections 420, 506 IPC, P.S. Rajpur.
xi) Case Crime No. 12/2000 under Sections 443, 350, 323, P.S. Kotwali.
xii) Case Crime No. 59/05 under Sections 147, 323, 504, 506 IPC and 3(i)(x) SC/ST Act, P.S. Sahaspur, Dehradun.
xiii) Case Crime No. 32/07 u/s 447 IPC, P.S. Basant Vihar.
xiv) Case Crime No. 76/06 under Sections 409, 419, 426, 467, 468, 470, 471, 120B IPC, P.S. Defence Colony, Delhi.
Learned Counsel for respondent No. 3 further submitted that apart from above, five other criminal cases, are also registered against the petitioner, which are reproduced as under:
i) Case Crime No. 49 of 2007 under Sections 420, 467, 471 IPC, P.S. Raipur, Dehradun.
ii) Case Crime No. 69 of 2007 under Sections 420, 467, 468, 471 IPC, P.S. Raipur, Dehradun.
iii) Case Crime No. 121/2007 under Sections 420, 467, 468, 120B IPC, P.S. Raipur, Dehradun.
iv) Case Crime No. 5 of 2008 u/s 2/3 of Gangster Act, P.S. Raipur, Dehradun.
Learned Counsel for respondent No. 3 further argued that the petitioner is trying to mount pressure upon respondent No. 3 and witnesses to give the statement in his favour.
Learned Addl. GA for the State has also stated that the petitioner is not cooperating in the investigation.
Having considered the submission of learned Counsel for the parties and particularly considering the fact that the petitioner is having criminal history of 18 cases and that he is trying to mount pressure upon the prosecution witnesses and is also trying to destroy the evidence, I am of the view that the petitioner is not entitled for any relief. Therefore, the interim order dated 3.9.2010 is hereby vacated.
Stay vacation application No. 7927 of 2010 stands allowed accordingly.