LAWS(P&H)-2018-12-15

O P CHHABRA Vs. STATE OF HARYANA

Decided On December 03, 2018
O P Chhabra Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The present petition has been filed by petitioner-O.P. Chhabra under Section 438 Cr.P.C. for grant of anticipatory bail to him in case FIR No.85 dated 04.02.2018 registered under Sections 420, 467, 468, 471, 506 IPC at Police Station Sadar Gurugram.

(2.) Learned counsel for the petitioner submits that original allottee of House No.177 was Raghubir Singh, who entered into an agreement to sell in favour of the petitioner. Full payment was made and possession was also delivered. A Will was executed by the original allottee on 26.08.1992 besides executing indemnity bond. Thereafter, original allottee filed a petition for ejectment against the petitioner, which was dismissed on 05.05.2001 by the Rent Controller. Thereafter, original allottee sold the property to one Mukesh Kumar, who also filed an ejectment petition against the petitioner in the year 2007 and the same was dismissed on 31.03.2010. Said Mukesh Kumar further sold the property to the complainant, who has alleged forgery of original documents, which were executed in favour of original allottee-Raghubir Singh.

(3.) Learned State counsel has opposed the submissions made by learned counsel for the petitioner and also submits that the petitioner has joined investigation but has not cooperated in the investigation. Even in the written questionnaire, the petitioner has responded vague reply. The petitioner has not produced any document to show his right over the ownership of the property in dispute. The signatures on the documents were sent for comparison but the same were not found to be of the original allottee of the property in dispute.