SUNIL KUMAR AND OTHERS Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THIS order will dispose of two petitions bearing Crl. Misc. MNo. 24573 and M -No. 36381 of 2011 filed by LRs of Babu Ram, who was owner of Booth No. 10, Sector 29, Chandigarh. After the death of Babu Ram in the year 1994, the petitioners were recorded as owners of the said booth being heirs of Babu Ram. The complainant Gurmit Singh had filed a complaint under Section 156(3) Cr.P.C. against the petitioners alleging that the ownership of the booth had been fraudulently got transferred by the petitioners as Babu Ram had transferred the booth to the complainant under power of attorney, Will and an affidavit in the year 1979.

(2.) COUNSEL for the petitioners have submitted that as a matter of fact the said booth was occupied by one tenant Vijay Kumar. His ejectment order was upheld uptil Supreme Court. Power of attorney is alleged to have been executed by deceased Babu Ram, was cancelled by him on May 8, 1984.

(3.) AFTER hearing counsel for the petitioners, counsel for the complainant and State counsel at length, it transpires that there is civil litigation pending regarding the inheritance of Booth No. 10, Sector 29, Chandigarh between the complainant and the petitioneRs. The comparative rights of ownership and possession are yet to be determined by the Civil Court. The complainant has also filed a probate petition to seek the ownership of booth on the basis of a Will alleged to have been executed by Babu Ram in his favour. The petitioners have already joined investigation. The FIR has been registered on the directions of the Court on a complaint filed by the complainant in the Court before the Magistrate. Matter is being investigated. Prima facie, the dispute appears to be regarding the transfer of ownership of the booth. Both the parties appear to be rival claimants. The petitioners claim title on the basis of natural inheritance whereas the complainant claims title on the basis of agreement of sale and Will. Matter being sub -judice before the Civil Court; the petitioners having joined investigation, they can be granted the concession of pre -arrest bail.