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[SHANTANU SAGAR]
Advocate for petitioner
CODE NO. 2058
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (Criminal) No._______of 2016
[Against the final Order dated 27.09.2016 passed by the
Honble High Court of Judicature at Patna in Crl. Misc.
No.39220 of 2016]
With
CRLMP No._______of 2016
An application for exemption from filing official English
translation of annexures
PAPER BOOK
________________________________________________________
Sr.No Date
INDEX
filing the same against order dated 27.09.2016 and petition for
BRANCH OFFICER
New Delhi
SECTION- IIA
E-mail-shantanusagar@gmail.com
SYNOPSIS & LIST OF DATES
order dated 27.09.2016 passed by the Honble High Court for Judicature
Case No. 2326 of 2015 Thana Bhagalpur Complaint Case, Bhagalpur where
in the Honble High Court was pleased to dismiss the Anticipatory Bail
vendor died long back in the year 1953 and by producing a fictitious lady,
Honble High Court did not take into consideration that the Vendor
53/24, R.N Guha Road, Gol Park, Damdam, Kolkata-700028 and which is
also supported by the facts that her PAN card was issued by the income
tax department on 11.07.2013 and her name is also included in the Voter
Complaint Case NO. 2326 of 2015 in the court of CJM, Bhagalpur alleging
therein that she is a house wife and only daughter of her mother Parvati
a piece of land in the year 1950 through a registered sale deed in Mouza
Maskand Manikchand ward no. 3 old holding no. 44, Rameshwar Narayan
Agarwal Lane, measuring one and half Kathha. The Complainant being
Kumar Agarwal, Pradep Kr. Lohia, Diwakar Pd Karn and Bishnukant Joshi
that she inquired with Sanjay Kr. Agarwal but he did not care and told
case no. 2326 of 2015 with malafide intention and has thereby abused
the process of the court? The present dispute is only civil in nature which
case. This is evident from the fact that the complainant has also filed a
Title Suit No. 626 of 2016 before the learned Sub Judge 1, Bhagalpur.
The point which falls for consideration by this Honble Court that
whether the order passed by Honble High Court dated 27.09.2016 is not
bad in law wherein the Honble High Court was pleased to pass an order
New, Survey ward no. 7, Area 1680 Sqft (hereinafter referred to as suit
property) through a registered Sale Deed no. 227 dated 08.01.2014 for a
Five Thousand only) from Parvati Devi w/o Bishwambhar Dayal Sharma @
Bishwambhar Lal Joshi, who had originally purchased the same piece of
land in 1950 through a registered sale deed. The petitioner had verified
the identity of the Vendor and for the same purpose the Vendor had also
given the petitioner a copy of her Voter ID Card issued by the Election
Khatiyan in her name, Electric Bill in her name which was taken after
expiry of her husband, Anchal rent receipt paid by her, Municipal Rent
Govt. to Parvati Devi (Obtained by RTI), Family voter list of all family
member of Parvati Devi and the copy of her Pan Card issued by the
through an account payee cheque no. 231427 and 886851 dated which
was duly debited from the petitioners account and credited to the
Vendor account.
lady impersonating as Parvati Devi and then got her execute a sale deed
dated 20.03.2015 vide registration number 379 which states that the
mention that the above mentioned death certificate has been obtained
has got recently the Death Certificate of the husband of Smt. Parwati
1999. From the perusal of the bill it would be evident that the bill is in
the name of Smt. Parwati Devi, Wife of Late Bishwambhar Lal Joshi of
R.N. Agrawal Road, Bhagalpur which corroborates the fact that the lady
question of her death prior to 1999, i.e. in the year 1953, as alleged by
the Complainant in the present case. It further proves the fact that her
husband has predeceased her, therefore, she was alive at least in the
year 1973.
falsely stated that she was the only daughter of Parvati Devi as the
complainant has also made her brother Bishnu Kant Joshi S/o
it is clear that the accused no. 4 of the Complaint Petition no. 2326 of
2015 is the brother of the complainant and he has given his No-
Objection on stamp paper in respect of the suit property. This also led to
the inference that the complaint case was filed with the sole purpose of
It is also pertinent to mention here that the Honble High Court has
Indian Evidence Act which provides that the court may presume that the
Judicial and official works have been regularly performed. Therefore the
very submission of the complainant that the sale deed was registered in
conspiracy with the officer of registry office which has been relied by the
learned trial court and the Honble High Court by upholding the same is
bad in law.
particular case then the Honble High court may extend the benefit of
antecedent.
fact that the lady was alive in 1999 and survived her
ANNEXURE-P/1 (Pages )
as ANNEXURE-P/2 (Pages )
ANNEXURE-P/3 (Pages )
(Pages )
ANNEXURE-P/7 (Pages )
(Pages )
ANNEXURE-P/12 (Pages )
(Pages )
(Pages )
24.02.2016: The complainant of the Complaint Petition has also
Petition for Title Suit No. 626 of 2016 before the court
(Pages )
(Pages )
Versus
1. State of Bihar
Through Secretary,
Home Main Secretariat,
Patna-800015
To
The Honble Chief Justice of India and His Companion Judges of the
2016, whereby the Honble High Court has dismissed the criminal
miscellaneous petition.
2. QUESTIONS OF LAW:-
B. Whether the order passed by the Honble High Court is as per ratio
The Petitioner states that he has not filed any other Petition
No.39220 of 2016.
documents which form part of the records of the case in the court
below against whose order the leave to appeal is sought for in this
petition.
5. GROUNDS:
A. For that the sale deed in respect of the suit property has been
executed by the vendor who is still alive and this fact is supported
records.
C. For that the petitioner herein is a genuine purchaser who had
Ruppes Fourty Nine Lakhs Twenty Five Thousands which has been
Vendor has given copy of Voter ID card and Pan Card issued by the
Election Commission of India and the Income Tax Department
respectively.
E. For that the mutation certificate was issued in the name of the
in a false case.
G. For that the present dispute at the most can be termed as civil
dispute, however, the same has been given the color of criminal
accused.
I. For that there is no chance of the petitioner fleeing away from
justice.
J. For that the petitioner herein is a man of clear antecedent and is a
documented form.
K. For that the petitioner is ready to abide by any conditions that may
A. For that the petitioner is a law abiding citizen who has been falsely
7. MAIN PRAYER:-
ii. Pass such other or further order/(s) as this Honble Court may
deem fit and proper in the facts and circumstances of the case.
and/or;
deem fit and proper in the facts and circumstances of the case.
[Prashant Kumar]
Advocate SHANTANU SAGAR
Advocate for the Petitioner
VERSUS
CERTIFICATE
Certified that the Special Leave Petition is confined only to the pleadings
before the High Court whose order is challenged and the other
or annexure which were not part of the records therein has been filed
along with the Special Leave Petition. Further certified that the copies of
in the Courts below. The Certificate is given by the counsel for the
[SHANTANU SAGAR]
Advocate for the Petitioner
New-Delhi
Dated: .11.2016
VERSUS
The State of Bihar & Anr. .Respondents
AFFIDAVIT
having understood the contents thereof, I say that the facts stated
originals.
To
The Honble Chief Justice of India and his Companion Judges of the
Supreme Court of India at New Delhi
against the impugned final order dated 27.09.2016 passed by the Honble
the Honble High Court has dismissed the criminal miscellaneous petition.
2. That the petitioner has set out the facts and circumstances of the
repeated here for sake of brevity and craves the leave of the Honble
Court to rely upon the same for disposal of the instant Application.
3. That it is submitted that the Annexure P/4, P/6, P/7, P/10, P/11 &
P/14 are in vernacular language and the same has been translated into
English by the local counsel for the petitioner. In view of paucity of time
that this Honble Court may be pleased to exempt the Petitioner from
filing the official translation of Annexure P/4, P/6, P/7, P/10, P/11 &
P/14.
the Annexures P/4, P/6, P/7, P/10, P/11 & P/14; and/or
may deem fit and proper in the facts and circumstances of the
case.