MAHENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) COUNTER affidavit be filed within six weeks. Having heard learned counsel for the parties, it appears that certain land was purchased by applicant no. 1 from respondent no. 2 Sumangal Vishwas but later on differences cropped up between the two, consequently, Mr. Vishwas lodged an FIR on 14.05.2012 against applicants and few others for the offence under Section 420, 467, 468, 471 IPC. The averments of Mr. Vishwas in the FIR is that applicant are not original / permanent resident of State of Uttarakhand while he purchased the said land, which was not permissible for them because as per the Government Orders, in Uttarakhand certain measurement of land can only be purchased by a person, who is not resident of Uttarakhand.

(2.) LEARNED counsel for the applicants argued that they have been cheated by Mr. Vishwas because the land, in question, was already mortgaged in certain bank and without disclosing this fact, Mr. Vishwas sold the same to the applicants.