IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ABHAY SINGH AND ANOTHER – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25117-2025 DECIDED ON: 08.05.2025 ABHAY SINGH AND ANOTHER ...PETITIONERS VERSUS STATE OF HARYANA ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr.Sudhir Rana, Advocate with Mr. Vikramjeet Singh, Advocate for the petitioners.
Mr. Chetan Sharma, DAG, Haryana.
Mr. Aditya Vermani, Advocate for the complainant.
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SANDEEP MOUDGIL, J
1. Prayer This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.332 dated 09.09.2024 for offences under Sections 420, 467, 468, 471 and 120-B IPC registered at P.S. Shivaji Nagar, Gurugram.
2. Facts Prosecution story set up in the present case as per the version in the FIR reads as under :-
‘To The Commissioner of Police Gurugram, Haryana. Subject: Application for registration of FIR against: 1. Smt. Nirmala Devi W/o Om Singh S/o Late Sh. Chandgi Ram 2. Om Singh S/o Late Sh. Chandgi Ram (Μ: 9991886707) 3. Abhay Singh S/o Om Singh Ram (M:9910014662) 4. Surjeet Singh S/o Om Singh (M: 9711844707) All resident of V.P.O.
Bilaspur, Tehsil Manesar and Distt. Gurugram. 5. Sunil Kataria S/o Late Sh. Sukhbir R/o Ashok Vihar, Gurugram, Haryana (Son-in-Law of the accused no. 1 and 2 (Nirmala and Om Singh) (M: 9891412190) 6. Puran Sio Sh. Ram Chander Rio Tihara, Bawal, Rewari (Father-in-law of accused no. 3 Abhay Singh) FOR COMMITTING CHEATING, FORGERY, FRAUD, AND IMPERSONATION AND GOT THE PROPERTY OF THE COMPLAINANT TRANSFERRED IN THE NAME OF THE ACCUSED NO. I UNLAWFULLY, ILLEGALLY. WITHOUT THE KNOWLEDGE AND CONSENT OF THE COMPLAINANT. Sir, It is submitted as follows: 1. That the complainant is a peace loving and law-abiding citizen of the country whereas the accused persons have no care and respect for the law of the land. 2. That the complainant is the owner in possession of 10 marlas of land being 10/110th share of 5 Kanal 10 marlas of land (viz 300 square yard) comprised in Kewat No. 27, Khata No. 37, rectangle no. 14, Khasra number 15/2/2/2 (5-10) measuring 5 Kanal 10 Marlas, vide Farad Jamabandi for the year 2003-2004 situated in village Naharpur Roopa, Tehsil and District Gurugram. 3. That the Accused No. 2 is the maternal uncle and accused no. I is the maternal aunt of the complainant whereas accused no. 3 is the son of the accused no. 1 and 2 and being the close relatives of the complainant, the accused used to visit at the house of the complainant frequently. 4. That the complainant is permanently residing at house no. RZ-38 Makasudabad extension colony, Nangloi road, Najafgarh, Delhi which is far from village Naharpur Roopa where the property of the complainant situates. That on or about Ist July 2023, the complainant visited the property for looking after his property where the accused no. 2 and 3 met the complainant who told the complainant that he has now nothing to do with the property as the same has already been transferred on his behalf in the name of accused no. 1 and now it is the accused no. I who has continued to be the owner of the property. Upon this, the complainant engaged counsel and got the revenue records as well as the other relevant records of the property of the complainant checked and then the complainant came to know that the property of the complainant has been fraudulently transferred in the name of accused no. I in an illegal and fraudulent manner on the foot of the impact Civil Court Award/decree allegedly passed on 30th March 2010 by the court of Shri Dhani Ram Yadav, Presiding Officer, Permanent and Continuous Lok Adalat (Samjhauta Sadan), Gurgaon in civil case number 478 of 14th September 2009 titled as "Smt. Nirmala Devi versus Om Singh and others". It is further revealed that the mutation no. 3896 has also been entered on 25th May 2010 and sanctioned on 9th June 2010 based on the above said impugned Decree/award in the revenue records in the name of the accused no. 1 (Copy of impugned Award dated 25.05.2010 is Annexure 1. Application
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