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Order Synopsis(1)

The document discusses a civil suit filed by Md. Idris against Aftab Siddiqui for the recovery of a specific amount, while the present Petitioner is deemed a bonafide purchaser with no grievances from the victim. It concludes that no criminal offense appears to have been committed by the Petitioner, and the investigation related to the FIR against them is to be stayed until the final disposal of the petition. Additionally, the Investigating Officer is directed to conclude the investigation within six weeks and ensure fair proceedings.

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Girish Kumar
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2 views5 pages

Order Synopsis(1)

The document discusses a civil suit filed by Md. Idris against Aftab Siddiqui for the recovery of a specific amount, while the present Petitioner is deemed a bonafide purchaser with no grievances from the victim. It concludes that no criminal offense appears to have been committed by the Petitioner, and the investigation related to the FIR against them is to be stayed until the final disposal of the petition. Additionally, the Investigating Officer is directed to conclude the investigation within six weeks and ensure fair proceedings.

Uploaded by

Girish Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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It is pertinent to note that the Victim Md. Idris


under his own signature has filed a civil suit for recovery
money of amount of Rs 7,26,19,715/- against the accused
Aftab Siddiqui only and not against the present
Petitioner. Further, the suit filed by Md. Idris for
cancellation of sale deed is with respect to only one sale
deed and not the entire transaction which includes other
three sale-deed/documents executed by and between the
parties.

The aforesaid facts and circumstances of the case, prima


facie, show that the present Petitioner seems to be a
bonafide purchaser, who has paid entire consideration
amount to the land owner and the Victim himself has no
grievance related to recovery of money with the present
Petitioner as is evident from the Agreement Deed with
respect to deletion of Khasra No.886/4. That apart, the
case of other accused persons namely Aftab Siddiqui,
Aarif Ahmed Qureshi and Abdul Gani, against whom
charge sheet has been filed, stands on an altogether
different footing than that of the case of the present
Petitioner.
From the language of Section 415 IPC, one of the
essential ingredients for the offence of cheating is
deception, but in the present case, looking to all the
aforesaid land transactions it is nowhere reflects that the
Petitioner in any manner cheated the land owner.

From the given set of facts it may make out a family


dispute. In this case, prima facie, no criminal offence
appears to have been committed by the Petitioner. The
Petitioner seems to be a bonafide purchaser in this case.

In view of aforesaid, I.A. No.01/2021 is allowed. The


proceeding of the impugned FIR No.23/2019 registered
at Police Station Pandri, District Raipur (C.G.)
(Annexure P/1) and further investigation/criminal
proceeding in respect of the present Petitioner only shall
remain stayed till the final disposal of the petition.

All the contentions raised by the parties are left open


which may be decided at the time of final hearing.


Considering the facts and circumstances of the case and
with the consent of the learned counsel for the parties,
we dispose of the present petition with a direction to the
concerned Investigating Officer to conclude the
investigation within a period of six weeks, if already not
concluded and submit a Police Report under Section
173(2) of the Cr.P.C. before the Competent Court within
a period of six weeks from today in accordance with law
and the concerned Superintendent of Police / Senior
Superintendent of Police, is directed to ensure that the
investigation in the present case is carried out in a fair
manner. It is further provided that during the pendency of
the investigation the petitioner shall not be arrested
pursuant to the F.I.R. No. 0023 of 2019 (Annexure P/1).

Petitioner is directed to furnish a copy of this order to the


Superintendent of Police / Senior Superintendent of
Police within a period of one week from today for
necessary information and compliance, failing which, the
interim protection granted to the petitioner shall
automatically stand discharged.


ADJ

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