RAJEEV SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner prays for the following reliefs, among others:

(2.) Heard learned counsel for the petitioner, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.

(3.) Learned counsel for the petitioner submitted that the petitioner is a bona fide purchaser of the property and Original Suit No. 45 of 2014 is pending before the Civil Judge, Junior Division, Vikas Nagar, Dehradun between the same parties. After lodging the FIR plaintiff/respondent no.4 did not appear before the Civil Court. As a consequence of the same, the suit was dismissed for want of prosecution. A certified copy of the order sheet of the trial court has been brought on record to show the same. The allegation against the petitioner is that he along with other accused persons with common intention prepared a forged sale-deed in the year 2002 with backdated stamp to grab the property of the plaintiff/respondent no.4. Learned counsel for the petitioner also submitted that even if the FIR is under Sections 420, 467, 468, 471 and 120B of IPC, but no offence punishable under Section 467 of IPC is made out against the petitioner.