PRITAM NATH Vs. VED PARKASH GUPTA

JUDGEMENT

(1.) In this petition filed under Section 482 of Code of Criminal Procedure (in short, 'Cr.P.C.), Pritam Nath has assailed order dated 24.03.2011 (Annexure P-1) passed by learned Judicial Magistrate 1st Class, Faridabad and order dated 14.10.2011 (Annexure P-2) passed by learned Additional Sessions Judge, Faridabad in case arising out of FIR No. 174 dated 11.07.2009, under Sections 420, 447, 467, 471, 511 and 120-B IPC, registered at Police Station Sector-31, Faridabad.

(2.) The aforesaid FIR was lodged by petitioner's son Deepak Malhotra alleging that petitioner is owner of plot No. 19, DLF Industrial Estate, Phase-I, Faridabad. However, the complainant and the petitioner are citizens of United States of America. They had been visiting the aforesaid plot while visiting India. Before lodging the FIR, when complainant visited India for his marriage, he learnt that respondent-Ved Parkash Gupta had forged certain documents to create title and ownership over the aforesaid plot by referring it as plot No. 19-B in the documents and consequently, he has trespassed into the petitioner's plot No. 19.

(3.) During investigation, it was found that plot No. 19-B was not carved out by DLF in the aforesaid Industrial Estate and, thus, plot No. 19-B was not in existence at all at the spot. It also transpired that one forged sale deed dated 15.01.1978 was prepared purporting to have been executed by Secretary of DLF in favour of Vishnu @ Manek Hiranand Kiraplani (in short 'Vishnu') regarding plot No. 19-B. Then General Power of Attorney dated 27.06.2006 was prepared on behalf of Vishnu in favour of respondent's co-accused Pankaj, who on the basis thereof, executed sale deed dated 17.07.2006 regarding plot No. 19-B in favour of another coaccused Dhanesh. Thereafter, Dhanesh executed sale deed dated 18.08.2006 of plot No. 19-B in favour of respondent-Ved Prakash Gupta. However, in the aforesaid documents except plot No. 19-B, the entire description of the plot sold relates to plot No. 19 of the petitioner.