Anticipatory bail denial upheld due to forged documents and central role in conspiracy, necessitating custodial interrogation for effective investigation.

JUDGMENT :

Ajay Digpaul, J.

1. The present application under Section 438 of the Code of Criminal Procedure, 1973, [hereinafter “CrPC”], has been filed by the petitioner, Nadeem Khan, seeking grant of anticipatory bail in respect of FIR No. 546/2023, registered at Police Station Jamia Nagar, District South- East, Delhi, under Sections 420 /467/468/471/120-B/34 of the INDIAN PENAL CODE , 1860, [hereinafter “IPC”]

Factual Matrix

2. The genesis of the dispute traces back to a transaction of land situated in Village Jogabai, Tehsil Mehrauli, Delhi, falling in Khasra No. 260/1, measuring 400 square yards, [hereinafter “subject property”]. The petitioner asserts that he had purchased this parcel on 06.02.2002 from its erstwhile owners, namely Ganpat (son of Rishal) and Savitri (wife of Beg Raj), through a set of documents comprising a General Power of Attorney, [hereinafter “GPA”] Agreement to Sell, Affidavit, and Receipt.

3. The record further discloses that on 04.01.2023 and 15.02.2023, the petitioner had lodged written complaints before the Municipal Corporation of Delhi, [hereinafter “MCD”] and the police authorities against one Masoom Fatima (wife of Hasan Agha Zaidi) and Zeeshan Haider, alleging illegal and unauthorized construction upon the aforesaid property. It is stated that despite repeated complaints, no preventive action was taken by the concerned authorities.

4. Meanwhile, the petitioner instituted Civil Suit No. 1238/2022 titled Nadeem Khan v. Masoom Fatima & Anr., which was subsequently withdrawn by him on 26.07.2023 due to technical reasons. During this period, he also filed W.P.(C) No. 182/2023 before this Court, which culminated in certain directions to MCD on 10.10.2023 for removal of unauthorized constructions. The petitioner later initiated contempt proceedings alleging non-compliance of the said directions.

5. The complainant in the present FIR, namely Farhat Abbas, along with one Aqil Ahmad, on the other hand, asserts to have purchased the very same portion of the subject property on 16.03.2023 from the said Masoom Fatima and Zeeshan Haider, vide registered documents of sale. The complainant claims to be in physical possession and absolute ownership since the said purchase.

6. According to the FIR lodged on 07.12.2023, it is alleged that the petitioner, along with other accused persons, threatened both, the complainant and Aqil Ahmad with dire consequences unless a sum of Rs. 50 lakhs was paid. It is further alleged that the accused persons, being members of a land mafia operating in the locality, fabricated a parallel set of documents such as Agreement to Sell, Will, GPA, Possession Letter, and Receipts, in order to create false chains of ownership over non-existent properties within the same khasra number. By doing so, they allegedly sought to obstruct the complainant’s construction and pressed for demolition orders based on forged documents.

7. The complainant additionally alleged that when their illegal demands were not met, the accused persons, including the petitioner, continued to harass and intimidate them and gave repeated threats to their lives. They further alleged that the accused obtained demolition orders from the authorities by misleading the Court, and identified the complainant’s property as their own, thereby causing wrongful loss and injury.

8. On these allegations, the FIR was registered against a total of 5 accused persons, which included the petitioner Nadeem Khan and four other accused persons, namely Nadeem Khan, s/o Hikmat Khan; Bhupendra Yadav; Balbir Singh; and Ashok Yadav.

9. At present, it thus emerges that o