MUKESH AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on I.A. No.01/2021, for grant of interim relief.

(2.) The Petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing impugned FIR No.23/2019 (Annexure P/1) registered by Police Station Pandri, District Raipur for the offence punishable under Ss. 420, 467, 468, 471 and 34 IPC and all consequent proceeding emanating therefrom stating that without there being any foundation for the registration of the offence.

(3.) Complainant Ayesha Siddiqui moved a written complaint with the averments that her father Md. Idris, by way of family partition, had obtained the aforesaid property and at present the market value of the said property is around 50 Crores. On 10/3/2017, the land mafia namely Aftab Siddique in connivance with Mukesh Agrawal, the Petitioner herein, transferred the said land for Rs.30.00 Crores tampering with the revenue documents. It has been further alleged that Aftab Siddique and Mukesh Agrawal, Petitioner herein transferred the said land taking advantage of old age and less memory of her father. The amount of sale consideration deposited in her father's account has been misappropriated by Aftab Siddique and his aid namely Arif Ahmad and Abdul Gani. Further allegation is that his father was residing alone as such, there was no requirement and need of her father to sell the property and get the said huge amount and to further invest the same, thereby committed cheating, fraud and misappropriation by the Petitioner. There is apprehension that said Aftab Siddique, Abdul Gani and Arif Ahmad can kidnap and kill her father as they have a Will dtd. 24/11/2017 of her father in their favour, hence a protection is necesasry of her father from the accused persons.