Delhi District Court
Kanchan Thareja vs Sanjeev Vohra on 7 November, 2020
IN THE COURT OF MR. DHARMESH SHARMA
PRINCIPAL DISTRICT & SESSIONS JUDGE/RCT: WEST DISTRICT
TIS HAZARI COURTS: DELHI
CA No. 14/20
CNR No. DLWT01-000364-2020
In re:
Kanchan Thareja
W/o Late Sh. Ashok Kumar Thareja
R/o Cottage No.7, West Patel Nagar,
Delhi-110008 . . . . . . Appellant
Versus
1. Sanjeev Vohra
S/o Sh. Tilak Singh
R/o DDA Flat No. 91, Main Ranjeet Nagar,
Delhi -110008
ALSO AT:
Cottage No.7A,
West Patel Nagar,
Delhi-110008
2. State Govt. of NCT of DELHI
Through Ld. APP ..... Respondents
Date of filing of appeal : 16.01.2020
Date of hearing arguments : 29.10.2020
Date of Judgment : 07.11.2020
Appearances:
Mr. Vinay Kumar, Advocate for the appellant.
Mr. Sameer Sadar, Advocate for the respondent no. 1 Sanjeev Vohra
Mr. Atul Kumar Shrivastav, Ld. Addl. PP for the State
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JUDGMENT
1. The appellant is filing this Criminal Appeal u/s 454 of Cr.P.C assailing an order dated 17.12.2019 passed by the Court of Ms. Neha, Ld. Addl. Chief Metropolitan Magistrate, West District, Tis Hazari Courts, Delhi, in case FIR No.325/2004 PS Patel Nagar titled State v. Darshna @ Another, whereby the application of the appellant for releasing the original title deed in respect of the property in question was dismissed and the application of respondent no.1 Sanjeev Vohra in that regard was allowed.
2. Having heard the Ld. Counsel for the parties including Ld. Addl. PP for the State and on perusal of the record, I find that the present appeal is bereft of any merits.
REASONS
3. Briefly stated, two accused namely Smt. Darshna Kalra D/o Sh. Sohan Lal and Sh. Sanjeev Vohra S/o Sh. Tilak Singh were arraigned for trial in FIR No. 325/2004 PS Patel Nagar ON the charges under section 420/448/461/471/120B of IPC on the allegations that they had forged and fabricated the General Power of Attorney dated 09.04.2004 with regard to the subject property viz., Cottage No.7A, West Patel Nagar, Delhi, with the intention of cheating the complainant Karun Kalra. Suffice to state that the Trial in the said case resulted in the passing of judgment dated 31.08.2017 by the Court of Sh. Ajay Singh Shekhawat, Addl. Chief Metropolitan Magistrate, West District, Delhi, whereby both the accused persons were acquitted holding that Page 2 of 4 the prosecution had miserably failed to prove such charges against them.
4. Perusal of the Trial Court record shows that the present applicant Ms. Kanchan Thareja claimed herself to be LRs of deceased Karun Kalra and moved an application claiming original title documents of the property seized by the IO during the investigation. Likewise, applicant Sanjeev Vohra also sought to claim the documents on the ground that the IO seized the same from him during the investigation.
5. Without further ado, the Ld. Court has rightly relied on paragraph no. 35 in the aforesaid judgment whereby it was inter alia observed that the accused had not forged any documents viz., GPA dated 09.04.2004. There is filed no appeal against the said judgment dated 31.08.2017 and the said order has become final. It is admitted position that the documents viz., the compete chain of documents with regard to the subject property in question had been seized from respondent no. 1 Sanjeev Vohra during the investigation. The applicant has claimed that she is the daughter-in-law of deceased Karun Kalra but besides that point, there is nothing to show that she has any right or authority to claim, retain or keep the title of the documents.
6. I do not find any illegality, infirmity or incorrect approached adopted by the Ld. Court in passing order u/s 454 of Cr.P.C dismissing the claim of the appellant and thereby directing that the title documents on the judicial record be restored to the person from it was seized i.e. Page 3 of 4 Sanjeev Vohra. There is no gainsaying that this order shall not mean to confer any right, title or interest in favour of Sanjeev Vohra or for that matter any other person claiming under him in respect of the property in question. The parties are at liberty to seek appropriate relief with regard to subject property from the competent court as per the law. Hence, the present criminal appeal under Section 454 Cr.P.C is hereby dismissed. The Trial Court Record along with a copy of this order be sent back. The appeal file be consigned to Record Room.
Digitally signed by DHARMESH DHARMESH SHARMA
SHARMA Date: 2020.11.10
21:13:47 +0530
Announced in the open Court (DHARMESH SHARMA)
on 9th November, 2020 Principal District & Sessions Judge
Rent Controller Tribunal (West)
Tis Hazari Courts: Delhi
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