PRAKASH PATIL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No. 435/2014, registered in Police Station - City Kotwali, District - Rajnandgaon, for alleged commission of offence under Sections 420 and 120-B/34 of the IPC.

(2.) Case of the prosecution, in brief, is that the complainant was sold a piece of land by the Power of Attorney Holder of the applicant, but when the complainant proceeded to the spot to get construction raised and demarcated, the land could not be identified at the spot.

(3.) Learned counsel for the applicant submits that only on the basis of complaint, without making proper inquiry and obtaining demarcation of the spot where the land of the applicant is very much available, offence has been registered. He submits that if someone else has encroached upon the land, the applicant cannot be said to have committed any offence. He submits that revenue records recorded the name of the applicant as bhumi-swami of the land bearing khasra number and area stated in the sale deed which devolved upon him after death of his father and appropriate order in that regard was passed by the revenue authority on 19.5.1998.