SHAILENDRA VADHERA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.138/2016, registered at Police Station - City Kotwali, Jagdalpur, Bastar (CG), for the offence punishable under Section 420 of the IPC, the applicant has filed this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

(2.) Case of the prosecution, in brief, is that the applicant made a false statement before the Revenue Authority after the death of his father and got the entire property registered in his name claiming to be the exclusive owner of the property and thereby committed the aforesaid offence.

(3.) Learned counsel appearing for the applicant would submit that there is a dispute between the applicant and his sisters. The written complaint has been made by Shalini Pal Jouhar, sister of the applicant, stating that property got transferred in the name of applicant through mutation proceedings by Revenue authority after the death of Shri Dwarka Prasad Vadhera on 08-07-2009. Three civil suits filed by the complainants against the applicant are pending and in all cases, the relief of declaration of title, permanent injunction and possession has been claimed by them and the application for temporary injunction has been rejected by order dated 15-05-2015 against which the complainants preferred an appeal bearing Misc. Appeal No.1/2015 which was also dismissed vide order dated 18-09- 2017. Owing to the aforesaid dispute between the parties, an application has been filed by one of the sisters namely, Shubra Prakash. The criminal complaint has been rejected on 02-09-2014 and now the FIR has been lodged on 09-05-2016 at the behest of another sister namely Shalini Pal Jouhar, as such, the applicant may be granted anticipatory bail.