LAWS(MPH)-2022-7-148

SATYABHAMA TIWARI Vs. STATE OF MADHYA PRADESH

Decided On July 07, 2022
Satyabhama Tiwari Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Vide order dtd. 24/2/2022, the applicant herein was given interim protection. Certain directions were given to the respondent-police with regard to answers sought by this court. It was also requested that the Superintendent of Police, Rewa, to directly take the investigation into his own hands and expeditiously carry out the investigation.

(2.) Pursuant to the said order, a response has been filed by the respondentpolice whereby the points on which this court sought answers were investigated and the said report reveals that the applicant herein purchased a property being house no.HIG 1, Shanti Vihar Colony, Rewa, which was a property belonging to one Vinay Kumar Singh. The seller Vinay Kumar Singh placed documents before the applicant herein being the lease-deed of the said property and offered the same for sale to the applicant herein. The order dtd. 24/2/2022 of this court has recorded the fact that the applicant's husband has transferred money into the account of Vinay Kumar Singh, the seller, on different dates.

(3.) After the deal was struck and concluded, complainant Vinay Kumar Singh registers the instant FIR implicating the applicant herein by alleging that his property was fraudulently sold off by impersonation to the applicant herein. The police investigated into the matter and R1 is the original documentation between the Madhya Pradesh Housing Board and Vinay Kumar Singh. The photograph on the said document, which is genuine and purported to be that of Vinay Kumar Singh, is different from the photograph of Vinay Kumar Singh on the lease-deed, which is R2. Thus, it is clear that the absconding accused impersonated as Vinay Kumar Singh and fabricated a lease-deed of the Madhya Pradesh Housing and Infrastructure and Development Board, Rewa, showing the same to be leased out to the absconding accused who masqueraded as Vinay Kumar Singh. In order to facilitate the applicant herein to pay the consideration amount through bank transaction, the absconding accused opened a fake account with the Central Bank of India again in the name of Vinay Kumar Singh into which the consideration amount was transferred by the applicant herein.