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2025 DAILYLAW 160102 (ALL)

VINAY KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7020/2025 · 2025-08-28

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7020 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. 1. Heard Shri Anuuj Tandon, learned counsel for the applicant, Shri Nadeem Murtaza, learned counsel assisted by Shri Raghav Bansal, learned counsel for the opposite party no. 2 and Shri Arun Kumar Verma, learned AGA for the State. 2. A chargesheet has been filed against the applicant under Section 420, 467, 468, 471 IPC on 15.11.2021 in Case No. 93294 of 2024 arising out of FIR No. 0834 of 2017. The petitioner is aggrieved by the chargesheet dated 15.11.2021 and the order of cognizance dated 24.09.2024 is also impugned in this application. 3. The case diary available with the learned AGA discloses that one of the owners of the property in dispute was Ram Milan. The statement of Ram Milan Versus Counsel for Applicant(s) : Anuuj Taandon, Shivanshu Goswami Counsel for Opposite Party(s) : G.A. Vinay Kumar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) which is in the case diary has been perused. The said statement has not been appended to the application under Section 482 and is not in the record. For this reason alone the application is liable to be dismissed. It is the responsibility of the applicant to make a free and frank disclosure of all the facts which are part of the chargesheet in the record. However, in the interest of justice the matter is being decided on merits as well. 4. The statement of the said Ram Milan(as available in the record of the learned AGA), made under section 161 Cr.P.C. asserts that the disputed parcel of land is the joint property of three brothers. Ram Milan has 1/3rd share in the same. Ram Milan had executed a power of attorney in favour of K.J. Singh only in respect of his share. Ram Milan has also stated that the said K.J. Singh had fraudulently executed a power of attorney in favour of the applicant in respect of the dispute parcel of land. The entire plot of land including the share of his brothers was fraudulently incorporated in the said power of attorney. The applicant and other accessories to the crime conspired and fraudulently sold the entire parcel of land in favour of M/s Trikon Leisure Resorts Private Limited by executing a sale deed at Mumbai. 5. Prima facie a case of executing a fraudulent sale deed is made out against the applicant. A482 No. 7020 of 2025 2 6. The Application under Section 482 is liable to be dismissed and is dismissed. 7. Needless to add, the observations made in this order will not in any manner influence the trial and they are without prejudice to the merits of case of either parties. August 28, 2025 Vandit A482 No. 7020 of 2025 3 (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad, Lucknow Bench