MAHENDRA SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) COUNTER affidavit be filed within six weeks. Having heard learned counsel for the parties, it appears that certain land was purchased by applicant no. 1 from respondent no. 2 Sumangal Vishwas but later on differences cropped up between the two, consequently, Mr. Vishwas lodged an FIR on 14.05.2012 against applicants and few others for the offence under Section 420, 467, 468, 471 IPC. The averments of Mr. Vishwas in the FIR is that applicant are not original / permanent resident of State of Uttarakhand while he purchased the said land, which was not permissible for them because as per the Government Orders, in Uttarakhand certain measurement of land can only be purchased by a person, who is not resident of Uttarakhand.
(2.) LEARNED counsel for the applicants argued that they have been cheated by Mr. Vishwas because the land, in question, was already mortgaged in certain bank and without disclosing this fact, Mr. Vishwas sold the same to the applicants.
Learned counsel for the applicants has drawn attention of this Court towards paragraph 5 of the petition wherein it has been stated that applicants are permanent residents of State of Uttarakhand and applicant no. 1 had purchased a land, which now has come in State of Uttarakhand on 07.01.1981 while his brother had purchased the land on 02.02.1972.
In order to prove his averments, no document has been filed with this petition, so he requested for some time to file supplementary affidavit annexing therewith the documentary proof of the same. Considering the facts and circumstances of the case, as an interim measure, it is directed that further proceedings of criminal case no. 1355 of 2012 pending in the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar only in respect of applicants shall remain stayed, till next date of listing. List after six weeks. Supplementary affidavit be filed in the meantime.;
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