Naresh Kumar v. The State (Govt. of NCT of Delhi)

(1) The petitioners seek anticipatory bail in case FIR No. 1145/2014 registered under Sections 420/467/468/471/34 IPC registered at Police Station Hari Nagar. Status report is on record. The bail is opposed by the complainant. (2) I have heard the learned counsel for the parties and have examined the file. The instant case was registered on the orders of learned Metropolitan Magistrate in complaint case instituted by the complainant Phool Singh under Section 156(3)Cr.P.C. (3) Status report reveals that during investigation Phool Singh disclosed that the owner of the land was his son Ghanshyam. Number of documents have been placed on record by the petitioners to show that Ghanshyam had already filed a Civil Suit for Declaration, Mandatory and Permanent Injunction against the petitioners and others. The said civil suit filed on 13.08.2008 is contested by the petitioners. Issues have been settled and the matter is still pending for disposal. The property in dispute is the subject matter of the said civil suit. It has further come on record that the proceedings under Section 145 Cr.P.C. have been initiated regarding the property in question. The petitioners have claimed ownership of the suit land on the basis of registered Sale Deed dated 23.01.2008. The said sale deed is under challenge before the Civil Court. Undisputedly, the petitioners have since joined the investigation in compliance of the directions of the Trial Court. BAIL APPLN. 1643-4412015