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2012 DIGILAW 7 (CHH)

SHANKER LAL GAJENDRA v. BHUPENDRA GAJENDRA

2012-01-05

MANINDRA MOHAN SHRIVASTAVA

body2012
ORDER Heard. The applicant has preferred this application under Section 438 of Cr.P.C., apprehending his arrest in connection with Complainant Case No. 269/11 pending in the Court of Judicial Magistrate First Class-Dhamtari and registration of offence under Sections 420, 468 and 471 of the IPC. Case of the complainant, as set out in the complaint, is that in the year 1977, in the family partition, 4 acres of land was given to the father of the applicant namely Ramadhin with the stipulation that after death of Ramadhin, the same would be distributed equally amongst 4 brothers including the applicant. But later on, the applicant interpolated the said Batwara Nama and in the place of 4 brothers, he introduced his name as the sole successor of the property of his father and on that basis, got the property mutated in his name in revenue records. Learned counsel for the applicant submits that during lifetime of his father and Sunderlal, father of the complainant - Bhupendra, no dispute was raised. He further submits that the basis of mutation and claim over the land of his father-Ramadhin is not the Batwara Nama of 1977 or the stipulation contained therein but a will in favour of the applicant executed by late Ramadhin in the year 1985. He further submits that a civil suit is already pending between the parties relating to aforesaid dispute as to whether the applicant was entitled to succeed to the property belonging to his father by virtue of will executed by him. He further submits that the applicant is never claiming on the basis of the said Batwara Nama, but his claim is always on the basis of the will deed and a false case has been registered. Taking into consideration that the claim of the applicant is based on the will deed said to be executed by his father in his favour in the year 1985 forming basis for mutation of name of the sons of the applicant over the property and further considering that during lifetime, father of the respondent did not-raise any dispute, the application is allowed. It is directed that the applicant shall surender before the Court below and on such surrender, he shall be released on bail on his furnishing a personal bond for a sum of Rs. 5,000/- with two sureties for the like amount to the satisfaction of the concerned trial Court. It is directed that the applicant shall surender before the Court below and on such surrender, he shall be released on bail on his furnishing a personal bond for a sum of Rs. 5,000/- with two sureties for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court as and when directed by the said Court. Certified copy as per rules. Application Allowed.