SYED YASEER IBRAHIM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment dtd. 10/8/2021 of a Single Judge of the High Court of Judicature at Allahabad. The Single Judge dismissed a petition under Sec. 482 of the Code of Criminal Procedure 1973 ["CrPC"] filed by the appellant for quashing the charge-sheet, which was submitted on 12/2/2021, an order taking cognizance dtd. 8/3/2021 and the proceedings which arise out of Case Crime No 15 of 2020 for an offence punishable under Sec. 420 of the Indian Penal Code 1860 ["IPC"] registered at PS Swaroop Nagar, District Kanpur Nagar.

(3.) The facts insofar as they are material for the disposal of these proceedings may be briefly stated: The appellant claims title to certain immovable property on the basis of a gift deed dtd. 2/1/2002. On 12/9/2008, a person by the name of Azim Wasif instituted a suit, OS No 1745 of 2008 in the Court of the Civil Judge (Senior Division), Kanpur Nagar against the appellant seeking a declaration of title and possession of the suit property. The plaintiff in that suit has founded his claim on the basis of a Will alleged to have been executed by the brother of the appellant's maternal grandfather. Initially, on 19/9/2009, the First Additional Civil Judge allowed the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 and directed the parties to the suit to maintain status quo over the disputed property. On 10/9/2010, the appellant entered into an agreement to sell the property with Mohd Naeem and Nitin Gupta, which was to take effect after the disposal of the suit in favour of the appellant. On 13/10/2014, the suit was dismissed in default. On an application for restoration filed by the plaintiff on 17/10/2014, the suit was restored to file on 21/4/2016. On 24/11/2014, the appellant is alleged to have executed a sale deed in respect of the suit property which was registered on 2/1/2015. On 5/2/2020, the FIR, noted earlier, was registered by the second respondent claiming as holder of a Special Power of Attorney executed by Wasif, who had instituted the declaratory suit. The allegation in the FIR, Crime No 15 of 2020, is that in pursuance of a Power of Attorney executed by Wasif on 29/10/2018, the second respondent visited the disputed property on 24/11/2019 and found that certain work of demolition was being carried out. Insofar as the appellant is concerned, the allegation is that he has committed an offence punishable under Sec. 420 of the IPC. Against the three other co-accused who have been named in the FIR, there are allegations in regard to offences allegedly punishable under Ss. 323, 504 and 506 of the IPC. After investigation was complete, a charge-sheet was submitted before the competent court on 12/2/2021.