Ritika Awasty vs State Of U. P. - 2023 Supreme(SC) 404

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 404

SUPREME COURT OF INDIA
KRISHNA MURARI, SANJAY KAROL, JJ.
Ritika Awasty – Appellant
Versus
State Of U.P. & Ors. – Respondents
I.A. Nos.6484 & 10722 of 2018 and 58055 of 2021 In Special Leave Petition (Crl.) No. 10244 of 2015
Decided on : 17-04-2023

Advocates appeared:
For the Petitioner(s): Mr. Yash Pal Dhingra, AOR
For the Respondent(s): Mr. R. C. Kaushik, AOR Ms. Prerna Mehta, AOR Ms. Manju Jetley, AOR Mr. Satyendra Kumar, AOR Mr. Vishwa Pal Singh, AOR Mr. Raj Bahadur Yadav, AOR Mrs. Aishwarya Bhati, A.S.G. Mr. V Mohana, Sr. Adv. Mr. Raj Bahadur Yadav Aor, Adv. Mrs. Ruchi Kohli, Adv. Mr. Snidha Mehra, Adv. Mr. Sanjay Kumar Visen, Adv. Mr. Raghav Sharma, Adv. Mr. Sabrish Subramanium, Adv. Ms. Garima Prasad, Sr. A.A.G. Mr. Sarvesh Singh Baghel, AOR Mr. Aviral Saxena, Adv. Mr. Rahul Kaushik, Adv. Mr. Chandra Kant Sharma, Adv. Mr. Gopi Chand, Adv. Mr. Shashank Bajpai, Adv. Ms. Bhuvneshwari Pathak, AOR Mr. Dhanesh Kumar, Adv. Mr. Vikram S. Nankani, Sr. Adv. Mr. Udit Jain, Adv. Mr. Abhishek Vikas, AOR Dr. Vinod Kumar Tewari, AOR Mr. Vivek Agarwal, Adv. Mr. Pramod Tiwari, Adv. Mr. Vivek Tiwari, Adv. Ms. Priyanka Dubey, Adv. Ms. Archana Pandey, Adv. Mr. Bhoopesh Pandey, Adv. Mr. Nishe Bhanshani, Adv. Mr. Rajat Arora, AOR

Headnote:PROPERTY OWNERSHIP - Property Dispute - Code of Criminal Procedure, 1973 - Section 82 - The court discussed the ownership of properties in Vasant Vihar, New Delhi and the implications of attachment orders under Section 82 of the Code of Criminal Procedure, 1973. The judgment emphasized the importance of establishing a proximate link between the property and the alleged criminal activities before attaching it. The court's decision was influenced by the bona fide ownership of the properties and lack of evidence linking them to the criminal activities.
Fact of the Case:
The case involved interlocutory applications seeking vacation/modification of attachment orders on properties in Vasant Vihar, New Delhi. The properties were subject to attachment due to alleged criminal activities involving food grain procurement.
Finding of the Court:
The court found that there was no proximate link established to justify the attachment of the properties belonging to relatives or purchasers of the accused's property. It allowed the applications, de-attached one property, disposed of an impleadment application, and vacated restrictions on property transfer.
Issues:
The main issue revolved around whether there was a sufficient link between the properties and alleged criminal activities to warrant their attachment.
Ratio Decidendi:
The court emphasized that prima facie evidence must establish a proximate link between the attached properties and any criminal activities before justifying their attachment.
Final Decision:
The court allowed the interlocutory applications, de-attached one property, disposed of an impleadment application, and vacated restrictions on property transfer.

JUDGMENT :

SANJAY KAROL, J.

1. The prayers made in the instant Interlocutory Applications are; in I.A.No.6484 of 2018 -vacation/modification of the Order dated 15.12.2017 so far as it reflects the properties of the applicants therein, namely, Mr. Virender Awasty, Mrs. Veena Awasty and Mrs. Urmil Tewari alleged to be owned by the petitioner in the special leave petition, namely Ms. Ritika Awasty and/or her husband, namely, Mr. Virkaran Awasty; I.A. No.10720 of 2018 is for impleadment of Mrs. Manju Awasty as owner to enable her to file a detailed affidavit in respect of the very same property, which is essential for the adjudication of the present lis; in I.A. No.58055 of 2021-vacation of the restriction on the applicant namely Mrs. Monica Gogia to transfer another property “C-1/2, Vasant Vihar, New Delhi” alleged to be owned by Ms. Ritika Awasty and her husband.

2. Prior to dealing with the subject I.A.s it is important to appreciate the history of the properties which are the reasons for origin for the present interlocutory applications.

Property – 5/1, Vasant Vihar, New Delhi

3. The property subject matter of IA No.6484 of 2018 and 10722 of 2018 was purchased by Late Mr. Haridas Awasty in the year 1966 who later created an HUF making instant property i.e. 5/1, Vasant Vihar, New Delhi, a part thereof. However, subsequently in the year 1990, the same was dissolved and the property partitioned vide a deed dated 1.4.1990, into four parts. The partition was affected to the following effect:

PORTION OF THE DEMISED PROPERTY	NAME OF THE RECEIVER
Ground Floor (Front Portion)	Major General (Retd.) Virender Awasty
First Floor (Front Portion)	Shri Vinay Kumar Awasty
Second Floor (Front Portion)	Late Shri Hari Das Awasty
Rear Portion (Double-storied structure measuring 2670 sq. ft.)	Shri Vijay Kumar Awasty

The Portion belonging to Late Shri Haridas Awasty was bequeathed to his daughter Smt. Urmil Tewari and after his death in October, 1990 and the death of his wife Smt. Satyawati Awasty in July, 1999, the property stood mutated in favour of Mr. Virender Awasty, Mr. Vinay Kumar Awasty, Shri Vijay Kumar Awasty and Mrs. Urmil Tewari. After the passing away of Mr. Vijay Kumar Awasty and Mr. Vinay Kumar Awasty, there respective portions went to Mrs. Manju Awasty and Mrs. Veena Awasty and currently the ownership of the property stands as under:

PORTION OF THE DEMISED PROPERTY	NAME OF THE PRESENT LEGAL OCCUPANT
Ground Floor (Front Portion)	Major General (Retd.) Virender Awasty
First Floor (Front Portion)	Shri Veena Awasty (widow of Late Shri Vinay Kumar Awasty)
Second Floor (Front Portion)	Smt. Urmil Tewari (daughter of Late Hari Das Awasty)
Rear Portion (Double-storied structure measuring 2670 sq. ft.)	Smt. Manju Awasty (widow of Late Shri Vijay Kumar Awasty)

Property – C 1/2, Vasant Vihar, New Delhi

4. The above captioned property is the subject matter of IA No.58055 of 2021 filed by one Mrs. Monica Gogia in respect of vacation of the stay upon the right of transferring the property vide order dated 15.12.2017.

5. The background of this property measuring 600 sq. yards coming to rest in the hands of the applicants is that she had purchased the property from Mr. Virkaran Awasty and Mrs. Ritika Awasty for a consideration of rupees Forty Crores Eighty Lakhs vide a sale deed dated 31.7.2015. The seller had purchased the property from the erstwhile owners, namely Smt. Drinko Tsentso Pureval, Sh. Shivinder Singh and Smt. Pradeep Dhillon, vide a settlement deed dated 8.5.2013.

Background of the case:

6. Allegedly, in the year 2015 Ms. Ritika Awasty and her husband procured goods, i.e., food grains from M/s. Bush Foods Overseas Pvt. Ltd., Bahalgarh. Alleging fraud, cheating and dishonesty, certain FIRs in relation to the said transactions were registered against Ms. Ritika Awasty, who preferred p