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Madhya Pradesh High Court · body

2022 DIGILAW 901 (MP)

Satyabhama Tiwari v. State of M. P.

2022-07-07

ATUL SREEDHARAN

body2022
ORDER 1. Vide order dated 24.2.2022, the applicant herein was given interim protection. Certain directions were given to the respondent-police with regard to answers sought by this court. It was also requested that the Superintendent of Police, Rewa, to directly take the investigation into his own hands and expeditiously carry out the investigation. 2. Pursuant to the said order, a response has been filed by the respondentpolice whereby the points on which this court sought answers were investigated and the said report reveals that the applicant herein purchased a property being house No.HIG 1, Shanti Vihar Colony, Rewa, which was a property belonging to one Vinay Kumar Singh. The seller Vinay Kumar Singh placed documents before the applicant herein being the lease-deed of the said property and offered the same for sale to the applicant herein. The order dated 24.2.2022 of this Court has recorded the fact that the applicant's husband has transferred money into the account of Vinay Kumar Singh, the seller, on different dates. 3. After the deal was struck and concluded, complainant Vinay Kumar Singh registers the instant FIR implicating the applicant herein by alleging that his property was fraudulently sold off by impersonation to the applicant herein. The police investigated into the matter and R1 is the original documentation between the Madhya Pradesh Housing Board and Vinay Kumar Singh. The photograph on the said document, which is genuine and purported to be that of Vinay Kumar Singh, is different from the photograph of Vinay Kumar Singh on the lease-deed, which is R2. Thus, it is clear that the absconding accused impersonated as Vinay Kumar Singh and fabricated a lease-deed of the Madhya Pradesh Housing and Infrastructure and Development Board, Rewa, showing the same to be leased out to the absconding accused who masqueraded as Vinay Kumar Singh. In order to facilitate the applicant herein to pay the consideration amount through bank transaction, the absconding accused opened a fake account with the Central Bank of India again in the name of Vinay Kumar Singh into which the consideration amount was transferred by the applicant herein. 4. The police, on the basis of the documents in their possession, managed to identify the absconding accused as Vivek Singh. They also traced out the real brother of the absconding accused Vivek Singh, whose name is Vishnu Pratap Singh. 4. The police, on the basis of the documents in their possession, managed to identify the absconding accused as Vivek Singh. They also traced out the real brother of the absconding accused Vivek Singh, whose name is Vishnu Pratap Singh. Vishnu Pratap Singh was shown the photographs of the fabricated documents and his statement under section 161 Cr.P.C. was recorded in which he has admitted that the photograph on the fabricated documents is that of his brother Vivek Singh, who is currently absconding. The police has further located the present place of residence of the absconding accused in district Alwar but have stated that the absconding accused could not be traced. In paragraph no.13 of the report by the police, the police have very clearly stated that they have recorded the statement of the applicant herein and the applicant after seeing the photograph of Vinay Kumar Singh has informed the police that he is not the person who got executed the sale-deed and defrauded the applicant. In paragraph No.13 itself, the police says "meaning thereby from the aforesaid investigation, it is crystal clear that Vivek Singh, son of Abhay Raj Singh, has prepared forged and concocted documents on the basis of which sold the HIG 1 to Smt. Satyabhama Tiwari fraudulently and committed fraud." 5. Under the circumstances, prima facie, it appears that it was Vivek Singh, the absconding accused, who has committed the offence of forgery and thereafter sold the house to the applicant herein fraudulently. 6. Further, it prima facie appears that the applicant herein may herself have been a victim of the fraudulent actions of Vivek Singh, son of Abhay Raj Singh, as much as the original owner Vinay Kumar Singh. This Court appreciates the investigation carried out by the police and the manner in which they were able to narrow down their search on the absconding accused Vivek Singh, as is reflected in paragraph No.8 of the report. 7. This Court is satisfied that the investigation being carried out by the police is fair as on date. Therefore, the application is allowed and the interim order of no-arrest dated 24.2.2022 is made absolute. 7. This Court is satisfied that the investigation being carried out by the police is fair as on date. Therefore, the application is allowed and the interim order of no-arrest dated 24.2.2022 is made absolute. It is directed that if the applicant herein is arrested by the Arresting Officer, he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer. It is, of course, left to the police in the course of investigation to ascertain whether the applicant herein was also a victim of the actions of Vivek Singh. 8. With the above, the application is finally disposed of.