CONSEQUENCES OF ANTICIPATORY BAIL APPLICATION BY CULPRIT
rajesh makol
(Querist) 26 December 2010
This query is : Resolved
I had given an application to local Police Station to file an FIR against Sudha Sachdeva as follows:
I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion . On my interference, he told me that Mr. Charanjit Singh has sold the above portion to him and showed a photocopy in which Raj Rani (original allottee) had sold the flat 123C to Charanjit Singh. He further threatened me that my property papers are not genuine. By the time I got my property papers thoroughly checked, Mr. Avtar Singh took the possession of the extended portion. When asked he said he has taken the flat on rent from Mr. Mathur & was not willing to disclose the whereabouts of Mr. Mathur. Mr. Mathur never turned up or picked my phone. In June 2010, the tenant vacated the premises & I got electricity connection disconnected as it was in my ownership rights. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area).
I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. He showed me a manipulated photocopy of property papers. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat
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123-D exists. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. NDPL court (CGRF) has provided me all the documents submitted by Sudha Sachdeva with NDPL and asked to file a criminal case against Sudha Sachdeva. At the moment, Sudha Sachdeva has illegal possession of my flat’s rooftop extended structure. I request you to file a FIR against Mrs. Sudha Sachdeva and take immediate action.
DOCUMENTS ATTATCHED:
1. Copy of property papers submitted by Sudha Sachdeva with NDPL.
2. Copy of NDPL Court(CGRF) order to file criminal complaint against Sudha SAchdeva.
3. Copy of reply by DDA stating no flat 123-D exists.
4. Coy of RTI reply by Subregistrar stating the Agreement to sell and purchase was registered irrespective of existence of property.
POLICE CALLED RANJAN BASU H/O SUDHA SACHDEVA AND PROPERTY DEALER J.S. RAWAT TO ENQUIRE ABOUT ALONG WITH DOCUMENTS. After four hours of enquiry they gave a statement to police that they had purchased the flat from RITA Kumari for a consideration of Rs. 11.50 lacs. Further they produced copies of Registered Agreement to Sell and Registered General Power of Attorney executed by RiTA Kumari in favour of Sudha Sachdeva for property 123-D and also copies of Registered Agreement to SEll and Purchase and Notary Attested GPA executed by Sushil Arora in favour of RITA Kumari. They were not able to produce any other documents regarding existence of property 123-D or any previous documents proving ownership of Sushil Arora. The Policeman asked them to amicably settle the matter else the consequences are not good. They requested for some time and were given two days time by the Investigating Officer.
After one day I received a call from the I.O that that Ranjan Basu, Sudha Sachdeva and J.S. Rawat has applied for anticipatory bail in Session Court. He called me and asked me to submit a copy of House tax department (which I recently got via RTI) that no property 123-D exists in their records.
He told me that they will reply to the court that the matter is civil and is being enquired and will submit my copies of DDA letter and MCD House TAx Department letter that no flat 123-D exists. No FIR has yet been registered in the case.
Please advise me what will be the consequences of Anticipatory Bail Application of the abovesaid culprits. Will the case be registered now. Is police under compulsion to file an FIR now. What will the magistrate do - simply reject the anticipatory bail application, grant it, or direct police to register a case? Do I need to file a civil case/criminal complaint separately with the court? Will I get back the possession of my property? The I.O. was telling me that the judge will mark the case for Section 56(3). What is Section 56(3)? What further steps shall I take? Please help. Its Urgent.
adv. rajeev ( rajoo )
(Expert) 26 December 2010
It is purely civil matter, police cannot do anything. Approach the court with relevant documents.
adv. rajeev ( rajoo )
(Expert) 26 December 2010
It is purely civil matter, police cannot do anything. Approach the court with relevant documents.
N.K.Assumi
(Expert) 26 December 2010
Rajeev, there is also element of criminality though it is civil in nature.
Advocate. Arunagiri
(Expert) 26 December 2010
You have every right to initiate civil and criminal case. It is true that many criminal cases will have some element of civil disputes.
Just because of civil dispute in existence the court can not reject your petition. The magistrate will forward your petition to the police u/s 156(3).
If the police is filing are report stating that it is a civil in nature. You can file a protest petition and conduct the case as private complaint.
JT Rajasuriya, Chennai
(Expert) 26 December 2010
This is an instance of land grabbing where elements of cheating and forgery (maybe) could be involved.
Normally these cases are handled by crime branch police.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2010
