|Case type||Criminal appeal no 295 of 2022|
|Date of judgment||10th august 2022|
|Complainant||Syed Yaseer Ibrahim|
|Respondent||State of U.P|
|Court||High court of Allahbad|
Facts of the case:
In this case, the appellant claimed on certain immovable property on the basis of a gift deed dated 02.01.2002. The Asif wasif filed a case against the appellant seeking a declaration of title and possession of the suit property. The plaintiff found his claim on the basis of the will executed by the brother of the appellant’s maternal grandfather. The court directed the parties to maintain the status quo over the disputed property. On 10th September 2010, the appellant sold the property. The suit got dismissed on 13th October 2014. The plaintiff put the application for restoration on 17th October. The FIR got registered by the second respondent claiming as a holder of special power of attorney executed by who had instituted the declaratory suit. According to the second respondent certain work of demolition was being carried out. It was alleged that he has committed an offence under section 420 of IPC. The allegation against the co- accused has committed offences under section 323,504, and 506 of IPC. On above facts the appellant moved application under section 482 of CrPC in the court.
whether the court will hold the petition under section 482 of CrPC under a case which is to be considered civil in nature?
The counsel on behalf of the appellant contended that the suit is of civil nature and the charge-sheet which has been submitted specifically mentions that the suit is pending before the court.
The counsel of respondent has urged that sale of property is hit by the doctrine of lis pendes. The appellant lays claim on the immovable property on an alleged gift deed, whereas on other hand the respondent has claimed on the basis of will executed in his favor.
The suit got dismissed in default on 13th October 2014. The sale deed was executed by appellant on 24th November 2014 and got restored to file. It was contended that since the sale deed was submitted during the pendency of the suit, the doctrine of lis pendes will apply. It is evident that there is no element of criminality. Therefore, none of the ingredients of the offence punishable under section 420 of IPC have been found. Further, the court set aside the impugned judgment and order. The petition under section 482 of CrPC got disposed off.
Written by Gouravi Sharma, Rayat Bahra University, Intern at Legal Vidhiya.
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