HC stays FIR in cheating case

22/11/2020

Jammu, Nov 21: Justice Sanjay Dhar of J&K High Court stayed the investigation in F.I.R. No. 121/2020 registered at Police Station Gangyal (Jammu Tawi) under offences 420, 427, 504, 506 IPC against Widow Anita Devi and her Sons.
Mr. A.K. Sawhney Advocate filed the quashing petition for Anita Devi and her children alleging that agreements to which are not signed by Anita Devi but are attested by "Notary" on blank unsigned Stamp Papers is a matter of Concern. Anita Devi lost her husband in accident in 2014 and claim was awarded to Rs. 15 lakhs and plus but the insurance co. filed the appeal in High Court and thus appeal pending since 2018 and no money is released to her. She needed some money and Complainant who won the trust of the petitioner an in the guise of this She prepared the documents to grab the house & shops of Anita Devi.
Advocate Sawhney alleged that the documents are challenged in the Civil Court and interim orders passed to restrain respondent to forcibly occupy the property documents kept and in abeyance. Relevant extract of Order reads:- “Heard learned counsel for the applicant and perused the file. At this stage, it appears that plaintiff has been able to make out a prima facie case in her favour and balance of
convenience also tilts in her favour. In case, the temporary injunction, as prayed for is not granted in that eventuality, the plaintiff is likely to suffer irreparable loss which shall not be compensated by any means.
The matter appears to be of emergent nature, as such, the issuance of prior notice to the non- applicants/defendants is dispensed with. Issue notice to the other side. In the meantime, the non- applicants shall not create any third party interest qua the suit premises. It is further directed that the impugned agreement to sell is kept in abeyance , till objections are consider. However, this order is subject to objections from other side. The plaintiff shall service copies of plant, application and affidavit including revenue record upon the defendants/non-applicants and she shall file service affidavit in this court within week.

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