Rajendra Kumar Patel vs The State Of M.P. And Anr on 8 August, 2013
It is common ground that this Court while passing order dated 25th April,
2023 in the case of Urmila Patel (supra) observed that the matter appears to be
civil nature and a criminal angle is given to it. Learned counsel for the applicants
drew the attention of this Court on the order dated 02.09.2022 passed in W.P.
No.19615/2022 (Rajendra Kumar Patel vs. State of M.P. & others). It is
canvassed that the said writ petition was filed by complainant Rajendra Kumar
Patel against the present applicant wherein a direction was prayed for
registration of FIR against the private respondents, who have fraudulently sold
certain lands and executed land deeds, which is also subject matter of offending
Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 7/14/2023
5:06:28 PM
4
civil suit. It is common ground that said writ petition was disposed of by
observing that once matter is already seized by the Civil Court and land in
question is subject matter of civil suit. This Court did not etertain the writ
petition and observed that it is better for the petitioner to avail appropriate
remedy by moving proper application before the same Court. Same Court
means Civil Court. By suppressing this order of this Court, the complainant
Rejendra Kumar Patel got the FIR registered. The dispute is of civil nature. The
applicants will not temper the evidence or influenced the witnesses. The
prosecution is mainly based on documentary evidence. Thus, on applying the
principle of parity the applicants be given the benefit of anticipatory bail.