IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (227)

Date of decision:25.08.2025 Yogesh Gupta and anr. …... Petitioner(s)

V/s State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Mayank Bajaj, Advocate, for the petitioners.

Mr. Vipul Sherwal, AAG, Haryana.

Mr. Ajay Ghangas, Advocate, for the complainant.

*****

JASJIT SINGH BEDI , J. (Oral)

The prayer in the present petition under Section 482 of BNSS is for the grant of anticipatory bail to the petitioners in case FIR No.433 dated 23.12.2024 under Sections 120-B, 420, 448, 467, 468, 471 IPC registered at Police Station Faridabad Central, District Faridabad.

2. The present FIR came to be registered at the instance of Basant Mala and reads as under:-

To, Respected Sir, ACP Central, District Faridabad, Subject: Application for lodging complaint against Ashok Mittal (Mobile 99588 22479) Son of Late Shri Chunni Lal, resident of House No.446, Sector 16, Faridabad, Yogesh Gupta S/o Late Shri Gopal Gupta and Bindiya Gupta W/o Yogesh Gupta (Mobile 95604 36456) for hatching conspiracy in taking possession of shop by preparing fake papers of the shop and committing cheating and fraud. I am a resident of Faridabad. I am a single lady. My age is around 76 years. I have multiple medical problems. I am the owner of one Shop No.6, Sector 21A. Faridabad which was allotted to me through auction by Haryana Urban Development Authority on 09.07.1987. However, shop was already in possession of some other person I wrote multiple letters to Haryana Urban Development Authorities to have the shop vacated. After that I shifted with my sister's daughter and son-in-law to 3A, GRACILIS COURT, Endeavour Hills, Melbourne (VIC), Australia, I found out while residing here that Bindiya Gupta had instituted a false case against me in the Faridabad District Courts, in regard to which I asked my advocate to appear, consequently it was found that Yogesh Gupta and Bindiya Gupta had illegally taken possession of my shop and by committing fraud they had prepared fake documents of the shop's house tax in their name through the fake documents they also got registered MSME in the shop's address as well as they got the electricity meter in their name. It was also found that before this case, they had filed a case in 2013 in the Faridabad District Courts against me (showing Ashok Mittal to be my GPA holder). These three people in connivance with each other got the case dismissed in default. I had also given a complaint against them to the CM Flying Window, upon which no action has been taken. Now, I have found out that Ashok Mittal in connivance with these people have prepared a fake agreement to be a party in the case filed against me. It only means that Ashok Mittal, Yogesh Gupta and Bindiya Gupta want to illegally acquire my shop at any cost. I have also given a written statement to the Tehsildar office, Faridabad that there should be no action taken with regard to my property but these people can go to any limit to take my shop and cause damage to me. Thus, it is my request that the fake documents prepared by the above mentioned culprits, Ashok Mittal, Yogesh Gupta and Bindiya Gupta be recovered and strict action be taken against them. I live in Australia with my sister's daughter and son-in-law, however, I am currently in Faridabad. After I return to Australia, my son-in-law Vishal's friend Vivek Rawal (Bobby Rawat) S/o Shri Padam Singh, R/o H.No.29. Chawla Colony, Ballabhgarh has been authorized by me to tend to this matter in my absence. Applicant Basant Mala.

3. The learned counsel for the petitioner contends that the petitioners were tenants in the shop in question. A civil suit for permanent injunction has already been filed by the petitioners against the complainant in which interim injunction has been granted in favour of the petitioners. The dispute is, essentially, of a civil nature. There is no explanation as to why the complainant did not take any steps since 1987 to get he