JITENDER BATRA @ LUCKY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present application has been filed by the petitioners under Section 438 of the Code of Criminal Procedure, 1973 for the grant of anticipatory bail in FIR No.375/2015, under Sections 380/448/34/468/471/120B/411 of the Indian Penal Code, Police Station Uttam Nagar, New Delhi.

(2.) The case of the prosecution is that the complainants - Sh. A.G. Shekhar and Sh. Sukhvinder Singh Saini had purchased a property bearing No. F-2/13, Mohan Garden, Uttam Nagar, Delhi from one T.Kanak Raj. Dispute between the parties arose which was settled before this court and a settlement dated 05.12.2014 was arrived at between them. It is alleged that on 31.12.2014, when the complainants visited their property, they found the locks broken and one Praveen Yadav and Dalip Yadav were sitting inside the house and when they tried to enter the property, five-six other persons including the petitioner and a ldy started abusing them and a complaint in this regard was lodged with the police. According to settlement, the possession was handed over to both the complainants. In his statement, Mr. S. William also stated that he neither signed any sale deed with the accused persons nor has he appeared before the SubRegistrar in regard to execution of any sale deed with the accused persons. Even the documents showed in favour of Dalip Yadav, Rajender Chopra etc. did not bear any seal or stamp of notary public nor they bear any signature or initials.

(3.) Inquiry proceeded further and it revealed that Dalip Yadav was arrested and during PC remand, the documents which bears forged and fabricated stamps of notary public were recovered at the instance of accused Dalip Yadav. There were also some manipulations found i.e. use of white fluid. Partial stolen articles, like table and chairs were also recovered at the instance of accused Dalip Yadav.