VED PRAKASH YADAV Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Apprehending his arrest by the police in a case under Sections 420/468/471/448/120-B IPC registered at Safdarjung Enclave police station vide FIR no. 207/2011 on 6 th August, 2011 pursuant to the directions of the Metropolitan Magistrate given under Section 156(3) Cr.P.C. in a criminal complaint filed by the complainant against one Vishwa Nath Tiwari the petitioner seeks anticipatory bail.

(2.) The criminal complaint, in which the learned Metropolitan Magistrate had ordered registration of FIR, was filed by the President of Residents Welfare Association of Krishna Apartments at 20-B/21-A, Krishna Nagar, Safdarjung Enclave, New Delhi on behalf of all the members of the Association. It was alleged in the complaint against Vishwa Nath tiwari that members of the said Association had been allotted 16 flats in the said Krishna Apartments by its owners/developers, one of whom was the present petitioner and the other one was one R.K.Jain. As per the agreements executed with the owners/developers for allotment of flats each one of the allottees was to get car parking space in the basement. Though possession of the flats was given to the allottees during the period 2003-06 but basement was allegedly not completed by the owners/developers by the time dwelling Units were completed and they had been assuring the allottees that the same shall be completed soon. It was further alleged in the complaint that during that period one of the owners/developers R. K. Jain had allowed one of his employees Vishwa Nath Tiwari to occupy the basement to look after the construction work of the parking space and the complainant at that time had allowed accused Vishwa Nath Tiwari to raise a temporary wooden structure to stay in the basement for looking after the construction of the parking space. However, thereafter though the developer initiated the work but kept on lingering on pretext or the other and neither the parking area was completed in the basement nor accused Vishwa Nath Tiwari vacated the area occupied by him despite the allottees telling him to vacate so that they themselves could get the needful done and instead he started claiming himself to be a tenant since 01.04.2004 under a Rent Deed dated 22 nd December, 2010 allegedly executed by the present petitioner. It was further claimed in the complaint that this Rent Deed was forged by the accused only to create his interest in the temporary structure in the basement and thus accused Vishwa Nath Tiwari had committed the offences of cheating, forgery and criminal trespass over the property jointly owned by the constituents of the Association.

(3.) This anticipatory bail application has been opposed by the learned Additional Public Prosecutor, who was assisted by the learned counsel for the complainant, on the ground that the allottees of the flats had been cheated as entire basement was to be made available to them for parking their cars and to deprive them of that parking space the petitioner had joined hands with accused Vishwa Nath tiwari and had created a false document of Vishwa Nath's tenancy w.e.f. 1-4-2004 and that original Rent Agreement is to be recovered from the petitioner-accused and for that purpose his custody is required by the police.