{"id":254801,"date":"2022-02-15T15:45:23","date_gmt":"2022-02-15T10:15:23","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=254801"},"modified":"2022-02-15T16:49:37","modified_gmt":"2022-02-15T11:19:37","slug":"allahabad-high-court-dismisses-plea-with-rs-50000-cost-for-making-false-statement","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/courts-news\/allahabad-high-court-dismisses-plea-with-rs-50000-cost-for-making-false-statement\/","title":{"rendered":"Allahabad High Court dismisses plea with Rs 50,000 cost for making false statement"},"content":{"rendered":"\n
The Allahabad High Court<\/a> has dismissed a petition with a cost of Rs 50,000 filed seeking to transfer a criminal case to another investigating agency by making a false statement.<\/p>\n\n\n\n The Division Bench of Justice Ashwani Kumar Mishra and Justice Ajai Tyagi passed this order while hearing a petition filed by Ram Kishan.<\/p>\n\n\n\n Ram Kishan, son of Tekram, who is the petitioner, had lodged a FIR dated March 16, 2019 registered as Case under Sections 420, 467, 468, 471 IPC, Police Station Kotwali City, District Bulandshahr with the allegation that plots were the recorded holding of Ramphal, son of Nora, and after his death on April 20, 1979 direction was issued by the Tehsildar to record the name of his heirs Ramveer & Prakash, sons of Hari Singh, Ram Kishan, Paim Singh, Jaggu, Jaipal and Jagat Singh, sons of Tekram, and the mutation entry continued during fasli year 1982 to 1984.<\/p>\n\n\n\n It is further alleged that in the consolidation proceedings and even thereafter till date, revenue entries remain intact and that a claim was raised by Bijendra, Dharmendra, Rajendra & Arun, sons of late Giriraj Singh and Nishant, son of late Nawab, and Smt Santara, wife of late Giriraj Singh, for mutation claiming them to be the legal heirs of Smt Shisho daughter of Ramphal, and that the application under Section 34 was rejected on December 11, 2017 allegedly on the ground that Smt Shisho had pre-deceased Ramphal.<\/p>\n\n\n\n It is alleged that thereafter, by committing fraud, documents have been manufactured to show transfer of property by Ramphal in favour of Govind Sahai, son of Harkesh, by way of sale deed registered on March 06, 1969. Allegations are that the sale deed was never executed in 1969 and that it was prepared in 2017. The basis of such assertion is that in the event such a sale deed existed then mutation entries as per it ought to have been made then itself.<\/p>\n\n\n\n It is also alleged that stamp papers which have been used for registration of sale deed were not issued to Ramphal or Govind Sahai and that the actual area shown in the sale deed is at variance with the plot numbers mentioned therein.<\/p>\n\n\n\n On the strength of such facts, it has been alleged that the sale deed registered on March 6, 1969 since is fraudulently prepared and the beneficiaries are trying to enter into possession, therefore, the informant\/petitioner be protected.<\/p>\n\n\n\n Also Read: <\/strong>FCRA: Delhi High Court dismisses plea against suspension of registration certificate<\/a><\/p>\n\n\n\n Apprehensions with regard to threat to the informant \/petitioner\u2019s life are also expressed in the FIR. With such allegations, the FIR got registered on March 19, 2018.<\/p>\n\n\n\n Grievance of the petitioner is that fair investigation is not being made in the matter and consequently investigation be transferred to CBI or CBCID.<\/p>\n\n\n\n The Court observed that the informant\/petitioner Ram Kishan alongwith 9 others have also instituted Original Suit before the Civil Judge (JD), Gautam Budh Nagar in which the facts noticed in the FIR have been mentioned and a declaration has been sought to the effect that the sale deed in question dated March 6, 1969 be declared null and void and a prayer has also been made to grant permanent injunction against the defendants in the aforesaid suit. The defendants in the aforesaid suit are the persons accused in the FIR.<\/p>\n\n\n\n A counter affidavit has been filed in the writ petition by the State in which it is stated that investigation was carried out in the aforesaid FIR and as the dispute was pending before the revenue authorities as such a final report was submitted in the matter on June 13, 2019.<\/p>\n\n\n\n The Court noted that a protest petition was filed and the Chief Judicial Magistrate order dated January 04, 2021 directed for further investigation in the matter. Further investigation has been carried out and agreeing with the previous closure report a final report has again been submitted on May 14, 2021. The Circle Officer before whom the final report was placed directed investigation to be made on three points. The Investigating Officer in light of the order of the Circle Officer has conducted further investigation and yet again submitted the final report on September 20, 2021.<\/p>\n\n\n\n The Court further noted that the competent court is seized of the matter. It is at this stage that the writ petition has been filed and it is pressed on behalf of the petitioner that the investigation be transferred to CBI or CBCID as fair investigation has not been conducted.<\/p>\n\n\n\n