Learned counsel for the Appellants submitted that the case came to be registered on a complaint filed by Aash Mohamad, son of late Gulam Mohamad.
In fact, the Appellants were surprised to know about all these facts when they received notice in a Civil Suit
No 14/2017 filed by the complainant on 27.3.2017.
In fact, on a plain reading of the FIR, no case is made out against the appellants, hence permitting the trial to continue would result in abuse of process of Court especially when a civil suit filed by the complainant more than a year before filing of application under Section 156(3) CrPC, was already pending. After the death of Gulam Mohamad, the property devolved upon his legal heirs, namely, Aash, Avesh, Sameer and Nusarat Jahan.
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-of-judgement-on-discharge-in-a-murder-case/
A plain reading of the aforesaid FIR shows that there is no allegation whatsoever against the appellants that they are part of any conspiracy or acted in connivance with Nusarat Jahan for purchase of land which was duly recorded in her ownership at the time of registration of sale deed in their favour.
Despite their knowledge of the fact that Nusarat Jahan had remarried, they did not take any steps to get the mutation changed in case she was not entitled to inherit any property.
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Also Read: https://newslaw.in/case-type/criminal/protection-of-public-servants-in-criminal-proceedings/
, J.
Case Title: MUKEEM AHMAD Vs. THE STATE OF UTTAR PRADESH (2023 INSC 506)
Case Number: Crl.A. No.-001296-001296 / 2023
