ARVIND RAWAT Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed to issue writ of certiorari quashing the impugned FIR dated 8.3.2010 lodged by the respondent No. 3 as Case Crime No. 83/2010 under Section 420/467/468/471/504/120B/507 IPC at P.S. Kotwali, Dehradun.

(2.) HEARD learned Counsel for the parties and perused the entire material on record.

(3.) THE facts of the case are that an FIR was lodged by the respondent No. 3 -Kulveer Singh against the petitioner -Arvind Rawat and other accused Gajendra Singh Panwar and Jai Chandra Thakur with the averments that after hatching a conspiracy and by way of cheating, the petitioner with other co -accused sold the property measuring area 2485.76 sq. meter in a sale consideration of Rs. 2,60,00,000/ - to the complainant and his partners. The sale deed of the said land was executed by accused Jai Chandra Thakur and the petitioner Arvind Rawat (being power of attorney). Even on 13.10.2008, the petitioner also gave an affidavit to the effect that the land in question is fair and free from all encumbrances. In the month of April, 2009, the complainant received a notice issued by the court of Civil Judge (Junior Division) Dehradun, according to which 1/3rd portion of the said property had already been sold by accused Jai Chand Thakur to one Smt. Sneh Lata Bahakhundi and the civil litigation for partition pertaining to the said land was pending before the court of Civil Judge (Junior Division) Dehradun. The petitioner was having full knowledge about the said facts on the date of execution of sale deed. When the complainant and his partners talked to the petitioner, then the petitioner apologized for the same and said that everything would be settled and they would get the full land, however thereafter the petitioner started avoiding the complainant. On 3.2.2010 at about 8 PM, when the complainant talked to the petitioner, then he uttered filthy abuses and threatened to his life. It was further stated that the petitioner, while knowing that he was not the owner of 1/3rd of the disputed land, sold the entire land to the complainant with the intention to cheat the complainant and executed the sale deed. With the same averments, the FIR was lodged by the complainant -Kulveer Singh.