ROHIT SHOKEEN Vs. STATE

JUDGEMENT

(1.) By this petition filed under Sec. 438 read with Sec. 482 of Cr. P.C., the petitioner is seeking anticipatory bail in a case registered vide FIR No.0799/2016 under Sec. 448/420/468/471 of IPC, at Police Station Begaum Pur, Delhi.

(2.) The present case is registered on the complaint of one Ms. Usha Gupta, according to which, she had purchased a Plot 56-56A, Khasra No.38/16, Block R, Rama Vihar, Delhi measuring 308 sq. yds on 28.06.2007. She had taken the possession of the plot and also constructed the boundary and a room. She locked the room whose keys are with her. She used to visit the plot from time to time but in Dec. 2014, when she visited her plot she found that the lock of the room was broken and an old lady with her family was living in the room. On asking, she said that she was living here on someone's instructions. The incident was reported to the A.S.P. Sultanpuri, Delhi on 05.12014. Later on, during investigation it revealed that one Dhirender has forged the documents, on the basis of which he filed a case No.79/2015 against her and her husband, which was dismissed on 13.08.2015 by the court of Civil Judge, Rohini, Delhi.

(3.) Learned counsel for the petitioner contended that there is no role attributed to the petitioner in the FIR. He has not been named in the FIR. It is further contended that the incident of trespass had come to the knowledge of the complainant in Dec. 2014, but the FIR has been lodged only on 08.10.2016 and the inordinate delay in lodging the FIR is unexplained. On behalf of the petitioner the chain of transaction regarding sale of the plot has been claimed as a result of which he is in lawful possession of the plot. Filing of two different civil suits in respect of the said plot has also been urged on behalf of the petitioner. However, the fact as to who is the lawful owner of the plot and whose possession over the plot is legal, is a matter of trial, which this court is not required to adjudicate while deciding the present bail petition.