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NARENDRA SINGH DHADDHA
Bhawana Pachauri – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. These four petitions are arise of same property, so, these four petitions are decided simultaneously.
2. Petitioners have preferred these Criminal Miscellaneous Petitions under Section 482 Cr.P.C. seeking quashing of FIR Nos.06/2021, 244/2020 and 479/2020 registered at Police Station Jawahar Circle, Jaipur.
3. Learned counsel for the petitioner-Smt. Bhawana Pachauri submitted that petitioner is bona-fide purchaser. She had purchased the disputed property plot No.C-409 (new No.C-503) from Arun Kumar Agarwal. She had given the consideration for the sale. Learned counsel for the petitioner also submitted that husband of the petitioner Dr. Balgovind Sharma has lodged an FIR No.244/2020 at Police Station Jawahar Circle, Jaipur against the Sudha Gupta, Seema Sharma and Arun Kumar Agarwal in which her husband clearly stated that his friend Dr. Anil Kumar Sharma was investing in Arun Kumar Agarwal's Company Vaivabh Finance Enterprises since 2015 and on 29.11.2019 invested amount was used for purchasing the disputed plot and remaining amount was deposited in loan account of AU Small Finance Bank and mortgage loan was transferred in the name of Dr. Balgovind Sharma and sale deed was
The central legal point established in the judgment is the evidence of forgery and fraudulent transactions in property sales, leading to the dismissal of the petitions.
The court found prima facie evidence of cheating and forgery, and declined to quash the proceedings.
A bona fide purchaser misled in a fraudulent property transaction cannot be charged under IPC; legitimate transactions cannot be criminalized without clear evidence of intent to deceive.
The central legal point established in the judgment is that the allegations of forgery, cheating, and threatening must satisfy the essential elements of the offenses under the Indian Penal Code. The ....
Anticipatory bail is not granted where substantial evidence suggests active participation in fraud and multiple offenses, warranting custodial interrogation.
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