SANJAY KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-10-78
HIGH COURT OF UTTARAKHAND
Decided on October 11,2012

Sanjay Kumar And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) All the above titled petitions have been filed with a common object to quash the two First Information Reports pertaining to case crime no. 191 and 192 of 2012 both for the offence under Sections 405, 420, 463, 464, 465, 468, 473 read with Section 120-B IPC police station Kichha, District Udham Singh Nagar lodged by respondent Ved Prakash Goel, as power of attorney of Mrs. Anju Goel and Mrs. Shashi Goel. On dated 09.08.2012, Ved Prakash Goel could lodge the FIRs evoking the powers of Magistrate under Section 156 (3) Cr. P. C. by way of filing an application on 13.07.2012. The main accused named in the FIRs are Mohan Kumar Mittal and Dr. Vishnu Sahai, who executed Sale Deeds on dated 30.04.2009 at Sub Registrar Office, Kichha for plots no. A337, A336 respectively. These small pieces of land were purchased by Mrs. Anju Goel and Mrs. Shashi Goel respectively, who hail from Kichha. It is also pertinent to mention here that vendors, at some point of time, also hailed from Kichha but with the passage of time, they shifted to Bareilly and Delhi respectively.
(2.) A dispute arose when Bank Officers namely Vinod Kumar Awasthi, Chief Manager, State Bank of India, Lucknow and Sanjeev Kumar Mittal, a Resolution Agent engaged to assist the Bank, approached at the site of plots and pasted a notice to recover the huge loan amount from the persons, who were found in occupation of the said plots. Needless to say that after purchasing the said plots, Mrs. Anju Goel and Mrs. Shashi Goel erected their houses on the same and were found dwelling with their families at the time when Bank Officers arrived. It was appalling for them to find Bank Officers asking them for recovery of the loan money from plots, so they executed their power of attorney in favour of Ved Prakash Goel to lodge a report, as both were housewives.
(3.) There is yet another aspect of the dispute, there are some other persons namely Shatrughan, Sanjay Kumar and Ashu Mittal, all residents of Kichha, who were associating with vendors to ensure the purchasers that both the pieces of land were without any encumbrance and titles of the same are clean and good enough. This way, their names were also found place in the FIRs, so lodged.;


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