ARVIND SINGLA Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) This petition under Sec. 439 Cr.P.C. is filed seeking regular bail in FIR No. 63, dtd. 2/3/2021, under Ss. 452, 331, 344, 365, 386, 419, 420, 465, 467, 468, 471, 473, 474, 477 and 120-B IPC, 1860 (Sec. 166, 201, 218, 328, 452 IPC and 13 (1) (2), 7 of the Prevention of Corruption Act, 1988 added in challan/report under Sec. 173 Cr.P.C.), registered at Police Station Sector 39, Chandigarh.

(2.) Facts as per prosecution are that the dispute is with regard to House No. 340, Sector 37-A, Chandigarh. The house was initially owned by Santosh Mehta, wife of Ved Parkash Mehta and mother of Rahul Mehta. She died in the year 1986, her sister Sushila Kumari residing in London applied for transfer of house in her name on the basis of 'Will'. The matter relating to probate of 'Will' is pending in this Court and alienation of the house in question is stayed.

(3.) As per contents of the FIR, Rahul Mehta is mentally unsound, his father died in the year 2017, Rahul Mehta was the only legal heir. Seeing the movement of Sanjeev Mahajan, Surjit Bouncer (now dead) and Shekhar in the house, on enquiry by Pandit Sita Ram Rattan, former S.S.P. (who used to look after Ved Parkash Mehta), he was informed that house was taken on rent from Rahul Mehta. He had the knowledge that Rahul Mehta was of unsound mind and incapable of executing a rent deed. The persons misbehaved with the former S.S.P., a written complaint alongwith medical certificate of Rahul Mehta was filed. Both the parties were called to the Police Station, Sector 39, Chandigarh on 14/1/2017. The allegations are that S.H.O. of the police Station-Rajdeep Singh detached the medical certificate and did not take any action, only a warning was given to the parties.