Supreme Court - Daily Orders
Jitendra Singh @ Virendra Singh vs The State Of Rajasthan on 5 July, 2019
Bench: Uday Umesh Lalit, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.985 OF 2019
(Arising out of SLP (Crl.) No.2323/2019)
JITENDRA SINGH @ VIRENDRA SINGH & ANR. Appellants
VERSUS
STATE OF RAJASTHAN & ANR. Respondents
O R D E R
Leave granted.
This appeal arises out of the judgment and order dated 11.01.2019 passed by the High Court of Rajasthan, bench at Jaipur, in S.B. Criminal Miscellaneous Petition No.296 of 2019.
Sajjan Singh and Jagat Singh were sons of one Hiranand Katewa. Said Jagat Singh had purchased the property in question in the year 1961. Later, Sajjan Singh and Jagat Singh had partitioned the ancestral land in their hands. However, the property which was purchased by Jagat Singh in the year 1961 did not form part of such partition. According to the appellants,that property was always treated as self-acquired and separate property of Jagat Singh.
Said Jagat Singh thereafter by two Sale-Deeds dated 05.05.1972 conveyed the said property in favour of the present appellants. Signature Not Verified Digitally signed by MUKESH KUMAR Date: 2019.07.12 10:08:01 IST Reason: 2 Son of Jagat Singh, namely, Ashok Katewa filed Civil Suit No.28/2013 inter alia seeking partition of the joint family properties including the property in question. These civil proceedings are still pending before the appropriate Court. In the meantime, pursuant to reporting made by said Ashok Katewa – respondent no.2 herein, FIR No.916 of 2018 dated 24.11.2018 was registered against the present appellants for the offences punishable under Sections 379/420/406 read with Section 120-B IPC. According to the allegations made in the said FIR, the appellants are said to have removed the earth from the property in question and thereby committed the offences as alleged. The appellants thereafter approached the High Court by filing application under Section 482 Cr.P.C. which was rejected by the High Court. This appeal questions the order passed by the High Court rejecting their challenge.
In our considered view, the application under Section 482 Cr.P.C. ought to have been accepted. The registered Sale-Deeds in favour of the appellants are of the year 1972 and the civil suit was filed by respondent no.2 only in the year 2013. The civil proceedings are pending between the parties and whatever rights the parties are claiming in the property in question will certainly be decided by the civil court. But it would not be in the interest of justice that criminal proceedings be initiated and continued on the allegations as stated above. The case was therefore certainly made out for exercise of power under Section 482 Cr.P.C. 3 We, therefore, allow this appeal and quash the proceedings. Needless to say that the pending civil proceedings between the parties will be dealt with and decided purely on merits of the matter uninfluenced by the order passed by this Court.
.................................J. [UDAY UMESH LALIT] .................................J. [VINEET SARAN] NEW DELHI;
JULY 5, 2019
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ITEM NO.41 COURT NO.8 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.2323/2019 (Arising out of impugned final judgment and order dated 11-01-2019 in SBCRMP No.296/2019 passed by the High Court Of Judicature For Rajasthan At Jaipur) JITENDRA SINGH @ VIRENDRA SINGH & ANR. Petitioner(s) VERSUS STATE OF RAJASTHAN & ANR. Respondent(s) (FOR ADMISSION and I.R.; and, IA No.39920/2019-EXEMPTION FROM FILING O.T.; IA No. 40809/2019 - EXEMPTION FROM FILING O.T.; and, IA No. 40807/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 05-07-2019 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Puneet Jain, Adv.
Ms. Christi Jain, Adv.
Mr. Harsh Jain, Adv.
Ms. Ankita Gupta, Adv.
Ms. Pratibha Jain, AOR For Respondent(s) Mr. Aditya P. Arora, Adv.
Mr. Anando Mukherjee, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed, in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(MUKESH NASA) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)