Anticipatory Bail – Complaint in respect of land transactions – Civil Dispute – Delay of 4 years
In 2022, the FIR was registered for offences under Sections 420, 465, 467, 468, 479 read with Section 34 of the IPC in respect of the land deals through registered sale deeds of 2017.
HELD that prima facie the core allegations pertain to the introduction of accused no.2 broker to the first information and Vinod Shukla, alleged misrepresentation that the land parcels were freehold agricultural land and secondly, receiving Rs.65.25 lakhs.
It is seen that this is a case of failed business arrangement and land transactions between the parties previously well known to each other and engaged in a prospective commercial venture. Prima facie there is unexplained delay of nearly 4 to 5 years in filing FIR which raises doubt on the prosecution charges. The informant and his friend have not filed any civil suit for recovery of their money. Considering the facts in the present case and having regard to the nature of dispute between the parties delineated herein which is predominantly civil in nature, the process of criminal law has been pressed into service for settling a civil dispute.
Judgment dated 9.6.2025 of the High Court of Bombay in Anticipatory Bail Application No.919 of 2024 of Tayyab Haider Siddique Vs. State of Maharashtra with connected matters
