POOJA DUTT GUPTA Vs. STATE ( NCT OF DELHI)

JUDGEMENT

(1.) The present bail application filed under Section 438 of the Code of Criminal Procedure, 1973, is preferred by the petitioner for seeking anticipatory bail in the case registered vide FIR No.502/2015 under Sections 420/467/468/471/403/506/406 of Indian Penal Code registered at Police Station Uttam Nagar.

(2.) Mr.Akil, learned counsel for the petitioner submits that the present case totally relates to sale and purchase of various properties and the dispute is regarding the payment received by other accused person. It is submitted that the complainant Mr.Raj Kumar purchased a property in Panchkula against foreign exchange and sold the same to Smt. Manju Sethi on 5th October, 1982. On 20th August, 1992, the complainant purchased agricultural land for Rs.97,000/- being one bigha out of Khasara No.5/20, situated in the village Haibatpur, Najafgarh, Delhi. The petitioner is the daughter of Mr.Sudesh Kumar who happens to be the General Power of Attorney holder of the said agricultural land belonging to the complainant Mr.Raj Kumar.

(3.) It is stated in the FIR that as per the complainant Mr.Raj Kumar, Mr.Sudesh Kumar assured him that he being his younger brother, would look after the land and a power of attorney was executed by the complainant in favour of Mr.Sudesh Kumar. However, it was alleged that the said property was clandestinely sold by Mr.Sudesh Kumar who was misusing the said power of attorney without the knowledge of the complainant. It is further stated in the FIR that the complainant Mr.Raj Kumar was threatened of dire consequences by the accused Mr.Sudesh Kumar and his son in case he claims any of his properties or claims any sale proceeds of properties belonging to the complainant.