Mango Devi Vs. State of Haryana

Mango Devi vs State of Haryana

Type Court Judgment Court Punjab and Haryana Decided Jun 26, 2011

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Citation: sooperkanoon.com/919463
Court: Punjab and Haryana High Court
Judge: Ajay Tewari, J.
Decided On: Jun 26, 2011
Case Number: Crl. Misc No. M 15484 OF 2011
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 420, 406, 467, 468, 471, 506; Code of Criminal Procedure (CrPC) (Cr.P.C) - Section 161

Parties & Advocates

Appellant / Petitioner

Mango Devi

Advocate Mr. Harinder Sharma, Adv.

Respondent

State of Haryana

Advocate Ms. Shalini Attri, Adv.

Legal References

Acts: Indian Penal Code (IPC) - Sections 420, 406, 467, 468, 471, 506; Code of Criminal Procedure (CrPC) (Cr.P.C) - Section 161

Excerpt

1. the petitioner seeks grant of anticipatory bail in case fir no.591, dated 30.10.2010, registered under sections 420/406/467/468/471/506 of the ipc, at police station ballabgarh, district faridabad. on 19.5.2011, the following contentions were noticed :- “ learned counsel has argued that even if the case set out in the fir is accepted, yet the complainant would have no locus standi because admittedly after a period of four years, the value of the land has increased more than two times and neither the final purchaser nor the original purchaser (bhagwan singh) has made any complaint.” 2. counsel for the respondent, on instructions from asi rajbir singh, has accepted these factual assertions but has stated that bhagwan singh has suffered a statement under section 161 of the cr.p.c, wherein he has also corroborated these allegations. 3. however, it is not disputed that the final purchaser laxman singh has not made any complaint. in these circumstances, i deem it appropriate to grant the concession of anticipatory bail to the petitioner. 4. consequently, in the event of his arrest, the petitioner shall be released on anticipatory bail by the investigating officer to his satisfaction subject to the conditions laid down in section 438(2) of the cr.p.c. petition stands disposed of.

Full Judgment

1. The petitioner seeks grant of anticipatory bail in case FIR No.591, dated 30.10.2010, registered under Sections 420/406/467/468/471/506 of the IPC, at Police Station Ballabgarh, District Faridabad. On 19.5.2011, the following contentions were noticed :-

“ Learned counsel has argued that even if the case set out in the FIR is accepted, yet the complainant would have no locus standi because admittedly after a period of four years, the value of the land has increased more than two times and neither the final purchaser nor the original purchaser (Bhagwan Singh) has made any complaint.”

2. Counsel for the respondent, on instructions from ASI Rajbir Singh, has accepted these factual assertions but has stated that Bhagwan Singh has suffered a statement under Section 161 of the Cr.P.C, wherein he has also corroborated these allegations.

3. However, it is not disputed that the final purchaser Laxman Singh has not made any complaint. In these circumstances, I deem it appropriate to grant the concession of anticipatory bail to the petitioner.

4. Consequently, in the event of his arrest, the petitioner shall be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions laid down in Section 438(2) of the Cr.P.C. Petition stands disposed of.

Same Court & Year Punjab and Haryana · 2011 Same Parties Mango Devi vs State of Haryana Same Subject Criminal Same Judge Ajay Tewari, J. Acts & Sections Indian Penal Code (IPC) - Sections 420, 406, 467, 468, 471, 5...