(1.) This petition under Sections 397/401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is directed against the order dated 14th January, 1997 passed ed by the court of Addl.Sessions Judge, Karkardooma Courts, Delhi dismissing appeal of the petitioner against the order dated 3/04/1995 holding him guilty for refusing to produce the document and the order dated 2 8/09/1995 sentencing him to undergo SI for seven days in the case (State v. Shankar Prasad), FIR No.140/83, under Section 9 Delhi Lands (Restrictions on Transfer) Act, 1972 (for short "DL(RT) Act"), P.S.Special Cell.
(2.) In brief the allegations are that Shankar Prasad claimed himself to be the owner and in possession of the land measuring 600 sq. yards in Khasra No.183 (min) situated at Village Shakarpur Khas, Shahdara, Delhi since 10/03/1975 on the basis of irrevocable power of attorney, for consideration executed by Deep Chand Tyagi; out of this land, on 14/10/1981, he executed a Agreement of Gift/Donation Deed of 200 sq. yards in favour of Mithan Lal (petitioner), General Secretary of Public Welfare Association (Registered) having its head office at S-627, School Block, Shakarpur, Delhi; in October, 1982, Shankar Prasad and the petitioner, filed a suit for permanent injunction against DDA, MCD authorities, Khushal Singh, pradhan of the village and some other private persons praying for a permanent. injunction, restraining the defendants from interfering with their possession or dispossessing them from the said land without due process of law; on 19/10/1982 after receipt of summons, Khushal Singh, Pradhan of Jan Kalyan Sudhar Samiti, Shakarpur lodged a report with the Deputy Commissioner of Police, Special Cell alleging therein that accused Shankar Prasad had confessed about sale of 200 sq. yards of land on 14/10/1981, which was in violation of notification No.F-4(19) 65 L&H dated 18/03/1966. In the report, reference of another FIR No.65/80 was also given. On 7/01/1983, SI K.R.Sharma, after inquiry submitted the report stating therein that one Deep Chand Tyagi of Village Shakarpur had sold the notified land illegally to Shankar Prasad in the year 1975. He collected the copy of GPA and stated that it was an offence under Section 9 of DL(RT), Act and recommended for an action. The Investigating Officer was directed to obtain document regarding the sale of 200 sq. yards gifted by Shankar Prasad to society and to collect documents produced by him in the court of Senior Sub-Judge.
(3.) On this report, case was ordered to be registered against Deep Chand Tyagi as well as against Shankar Prasad for transfer of said 200 sq. yards of land by "Gift/Donation Deed" dated 14/10/1981. Consequently, on 26/04/1983 above-noted FIR No.140 under Section 9 of DL(RT), Act was registered at Special Cell, L&H. On 9/08/1983, Shankar Prasad obtained anticipatory bail from the Court of Addl.Sessions Judge, Delhi. After completion of investigations, challan was filed. During Investigations, police had seized a photocopy of agreement from the accused- The details of the documents seized are not mentioned in the Seizure Memo. However, a carbon copy of the "Agreement of Gift/Donation Deed" dated 14/10/1981 duly signed by Shankar Prasad, Mithan Lal and the witnesses is on record. On 26/04/1983, Investigating Officer recorded the statement of Mithan Lal-petitloner, under Section 161 Cr.P.C. He was cited as a prosecution witness. On the basis, of material produced by the prosecution, charge against Shankar Prasad was framed under Section 9 of DL(RT) Act, who pleaded not guilty to the charge. The prosecution in support of its case examined PW-1, J.Ahmad, Patwari, PW-2, Daya Ram Dubey and PW-3, Subhash Chand, HalKa Patwari. Petitioner was summoned to appear as a witness in the said case. On 6/08/1994, petitioner appeared. The order-sheet reads:-