Shrichand Bhau vs The State Of Madhya Pradesh on 28 June, 2023

[Cites 5, Cited by 1]

Madhya Pradesh High Court

Shrichand Bhau vs The State Of Madhya Pradesh on 28 June, 2023

Bench: Anand Pathak

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           MCRC No. 3315 of 2023
       (SHRICHAND BHAU AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 28-06-2023
      Shri Sameer Kumar Shrivastava, learned counsel for the petitioners.

      Shri Virendra Pal, learned Dy. A.G. for respondent/State.

None for private respondents though served. Through this petition, petitioners have taken exception to the FIR registered against them vide Crime No.319/2021 for offence under Sections 420, 467, 468, 471 and 34 of IPC.

It is the submission of counsel for the petitioners that father of complainant namely Surajmal executed registered sale-deed in their favour in 1987. Thereafter, elder brother of Surajmal, Hari Ram filed a civil suit in 1988 against Surajmal regarding the same suit property. In the said suit, it was the specific submission of Surajmal that he has executed the said sale-deed in favour of present petitioner. Later on, suit was disposed of as parties have settled the matter in 2021. Now to overcome the delay, son of Surajmal has adopted this device to file criminal case against the petitioner to overcome delay. Registered sale-deed has tried to be disbelieved by the Investigating Officer and will dated 04.03.2008 has been tried to be believed.

According to the counsel for the petitioner, it is a case where police is trying to convert a concluded civil proceeding into a criminal liability. Said practice is deprecated by the Hon'ble Apex Court time and again.

Counsel for the respondent/State advanced arguments. After arguing for a while, learned counsel for the respondent sought time to seek instructions in the matter in respect of status of investigation.

As prayed, list the case on 04.07.2023 at top of the list.

(ANAND PATHAK) JUDGE Ashish* ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH H GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7 CHAU b5195154c3d4de08c6bb9303e5 2e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8 F9C2790FA9A0FD201D0242B64, serialNumber=A926F3CBF979EC A6A4C477577EEDBA3AB4F9459 RASIA 3A930B98DAE1B0AD16F90B5FD , cn=ASHISH CHAURASIA Date: 2023.06.28 19:43:31 -07'00'

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