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Smt. Neelam Sriwas & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 3812 of 2007 [2007] RD-AH 5160 (22 March 2007)


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Hon'ble Sushil Harkauli, J.

Hon'ble R.K. Rastogi, J.

Heard learned counsel for the petitioner and the learned A.G.A.

The sale-deed itself contains averment that the property which was purchased by the petitioner no. 1 was worth Rs.5,89,250/- according to circle rate. The property has been admittedly purchased, according to the sale-deed, for roughly half of that amount i.e. Rs.3,00,000/-.  The petitioner no. 1 is the purchaser.  The question to be examined in investigation is whether the petitioner is bonafide purchaser or was in collusion with attorney of the owner, who is alleged to have played fraud upon the owner.  Normally, when a buyer is getting property for half of the price, a suspicion should arise and the buyer should insist that attorney should get the petitioner in touch with the real owner, more importantly when real owner lives in the same town i.e. Orai at Jalaun. No such thing appears to have been done by the petitioner no. 1.

Therefore, at present we have no good reason to hold that the petitioner no. 1 was bonafide purchaser.

The petitioners no. 2 & 3 are the witnesses to the fraudulent sale-deed.  Normally, witnesses are not totally unknown to the vendor and the purchaser.

In the circumstances, having regard to this fact, we do not find any good ground for either quashing the FIR, or staying the arrest.

However, if the petitioners surrender and apply for bail in Case Crime No.179 of 2007, u/s 420/467/468/471 IPC of P.S. Kotwali Orai, District-Jalaun, their bail applications will be considered and disposed of by the Courts below expeditiously.

The writ petition is disposed of as above.

Dated: 22.03.2007

RCT/-Crl.W.P.No. 3812 of 07


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