ANIL AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant apprehending his arrest in connection with Crime No. 117/2013 registered at Police Station Sankra, District Mahasamund (C.G.) for the offence punishable under Sections 420 , 467 , 419 , 471 , 120 B and 468 of the I.P.C .

(2.) As per the prosecution case, a land which was initially recorded in the name of Koshla Bai, Widow of Dilip was manipulated and mutated in the name of Kaushalya Bai, w/o Dilip and revenue records were also corrected. Subsequently, the applicant purchased the said land for consideration and it is alleged that the applicant in connivance with the revenue officers and seller has prepared the sale deed. Thereafter, the charge-sheet was filed against the patwari and others and application was filed by the prosecution under Section 319 Cr.P.C., wherein the applicant has been made an accused.

(3.) Learned counsel for the applicant would refer to the rin pustika and would submit that the rin pustika was certified by the Patwari and also by the Tehsildar and the present applicant is the bona fide purchaser and purchased the land for consideration and got it registered for an amount of Rs.7Lakhs. He would further submit that when this fact came to the knowledge that the sale deed has falsely been made, he got the sale deed canceled by filing a civil suit, wherein a decree was passed and sale deed dated 22.02.2012 was declared null and void in respect of the land situated in village Chuwali Patera, Tehsil Pithaura. He referred to the case law of Brijendra Singh & Ors vs State Of Rajasthan {2017 (7) SCC 706} and would submit that the applicant who could be the best witness but casually has been made an accused.