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2023 Supreme(SC) 923

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 SLP (Crl.) No. 10244 of 2015
Decided On : 24-04-2023

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

Headnote:Property - The Indian Penal Code, 1860 - Section 82, Code of Criminal Procedure, 1973 - Section 82, Sale of Goods Act, 1930 Summary:

Fact of the Case:

The case involved interlocutory applications seeking vacation or modification of orders related to the attachment of properties owned by various individuals in connection with criminal proceedings against Ms. Ritika Awasty and her husband.

Finding of the Court:

The court found that there was no proximate link to justify the attachment of the properties belonging to relatives of the petitioner or the purchaser of her property. It allowed the applications and modified the order to de-attach one property and vacate restrictions on another.

Issues:

The main issue revolved around the propriety of attaching properties not directly linked to the alleged criminal activities.

Ratio Decidendi:

The court's decision was based on the lack of a proximate link between the attached properties and the alleged criminal activities. It emphasized bona fide ownership and lack of connection to the business dealings in justifying its decision.

Final Decision:

The court allowed the interlocutory applications, de-attached one property, vacated restrictions on another, and clarified that its order would not hinder other investigations or proceedings connected with the main matter.

JUDGMENT

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Sanjay Karol, J. - 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 Awastyand/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.) Viren der 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 preferr

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