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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2016

IN THE MATTER OF:-


Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal Petitioner
VERSUS
The State of Bihar & Anr. .Respondents

Sl.No. Particulars Copies Court Fees


1. OFFICE REPORT ON LIMITATION
__________________________________________________________
2. LISTING PROFORMA
__________________________________________________________
3. MODIFIED CHECK LIST
__________________________________________________________
4. SYNOPSIS & LIST OF DATES
__________________________________________________________
5. IMPUGNED JUDGMENT & ORDER Dated 27.09.2016
__________________________________________________________
6. SPECIAL LEAVE PETITION WITH AFFIDAVIT
__________________________________________________________
7. ANNEXURES P/1 TO P/
__________________________________________________________
8. VAKALATNAMA WITH MEMO OF APPEARNACE
__________________________________________________________

All copies are correct Filed by:

Filed on: .2016

[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 PRAYER FOR INTERIM RELIEF)


IN THE MATTER OF:

Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal Petitioner


VERSUS
The State of Bihar & Anr. .Respondents

With
CRLMP No._______of 2016
An application for exemption from filing official English
translation of annexures

PAPER BOOK

FOR INDEX KINDLY SEE INSIDE

________________________________________________________

ADVOCATE FOR THE PETITIONER: SHANTANU SAGAR


RECORD OF PROCEEDINGS

Sr.No Date
INDEX

S.No. Particulars Page No.

1. Office Report on Limitation A


2. Listing Performa A1-A2
3. Synopsis and List of Dates B-
4. Final Judgment and Order dated 27.09.2016 1-
passed by the Honble High Court of
Judicature at Patna in Crl. Misc.
No.39220 of 2016
5. Special Leave Petition with affidavit
6. APPENDIX

Sections 420, 465, 467, 468, 471 and


120B of I.P.C.
7. ANNEXURE P-1

A true typed copy of the electric bill in the


name of Parwavti Devi dated 14.06.1999
8. ANNEXURE P-2
A true typed copy of census report of 2011 by
Urban Development and Housing Department,
Government of Bihar
9. ANNEXURE P-3
A true copy of Cheques bearing No. 231427
and 886851 issued dated 07.10.2013 and copy
of bank statement showing above mentioned
debit entries
10. ANNEXURE P-4
A true translated copy of the Registered Sale
Deed bearing token no. 244/2014
11. ANNEXURE P-5 (Colly)
A true photocopies of her Voter ID Card issued
by the Election Commission of India and her
Pan Card issued by the Income Tax
Department
12 ANNEXURE P-6 (Colly)
A true translated copies of Land Records ,
Municipal Rent Receipt, letter granting
pension under Social Security Scheme of Govt.
to Parvati Devi (Obtained by RTI) and Voter
list of all family members of Parvati Devi
13. ANNEXURE P-7
A true translated copy of the application
dated 25.02.2014 applied before Sub Division
Officer, Jagdishpur
14. ANNEXURE P-8
A true typed copy of the bill dated 07.04.2014
issued by Bharat Sanchar Nigam Limited
15. ANNEXURE P-9
A true typed copy of the receipt no.2811
issued by Bhagalpur Electricity Distribution
Company Private Limited
16. ANNEXURE P-10
A true translated copy of meter fixing report
bearing consumer no. 1392/RP-18/DS/101/1A
17. ANNEXURE P-11
A true translated copy of Report No.1482 of
Bhagalpur Municipal Corporation
recommending mutation of land record in the
name of the petitioner dated 30.05.2014

18. ANNEXURE P-12


A true typed copy of the electricity bill dated
17.01.2015 issued by Bhagalpur Electricity
Distribution Company Pvt. Ltd.
19. ANNEXURE P-13
A true typed copy of the Receipt No.77495
issued by Bhagalpur Municipal Corporation
20. ANNEXURE P-14
A true translated copy of the Complaint
Petition bearing Complaint Case No. 2326 of
2015 dated 27.10.2015
21. ANNEXURE P-15
A true typed copy of the Petition for Title Suit
No. 626 of 2016 before the court of Sub-
Judge-1, Bhagalpur dated 24.02.2016
22. ANNEXURE P-16
A true typed copy of the certificate issued by
the Vijaya Bank dated 08.09.2016
23. CRL. M. P. No. of 2016
An application for Exemption From filing
Official English Translation of Annexures
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2016

IN THE MATTER OF:-


Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal Petitioner
VERSUS
The State of Bihar & Anr. .Respondents

OFFICE REPORT ON LIMITATION

1. The Petition is not within time.

2. The Petition is barred by time and there is delay of _______ days in

filing the same against order dated 27.09.2016 and petition for

condonation of ________ days delay has been filed.

3. There is delay of days in refilling the petition and petition

for condonation of days delay in re-filing has been filed.

BRANCH OFFICER

New Delhi

Dated: .11. 2016


PROFORMA FOR FIRST LISTING

SECTION- IIA

The case pertains to (Please tick/check the correct box):

Central Act: (Title) Indian Penal Code


Section: 420, 465, 467, 468, 471 and 120B of IPC
Central Rule: (Title) NA___________________________
Rule No(s): NA______________________________
State Act: (Title) NA________________________
Section: NA________________________________________
State Rule: (Title) NA______________________________
Rule No(s): NA__________________________
Impugned Interim Order: (Date) NA____
Impugned Final Order/Decree: (Date) 27.09.2016

High Court: (Name) High Court of Judicature at Patna

Names of Judges: HMJ : Rakesh Kumar


Tribunal/Authority: (Name) NA______________

1. Nature of matter: Civil Criminal

2. (a) Petitioner/appellant: Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal

(b) E-mail ID : NOT KNOWN

(c) Mobile phone number NA

3. (a) Respondent No. 1 : The State of Bihar

(b) E-mail ID: NOT KNOWN

(c) Mobile phone number NOT KNOWN_________

4. (a) Main category classification :

(b) Sub classification:

5. Not to be listed before: _N/A____________________

6. Similar/Pending matter: N/A____________________


7. Criminal Matters:

(a) Whether accused/convict has surrendered: Yes No

(b) FIR No. Date:

(c) Police Station:

(d) Sentence Awarded:

(e) Sentence Undergone:

8. Land Acquisition Matters: N/A

(a) Date of Section 4 notification: N/A_____________

(b) Date of Section 6 notification: N/A______________________

(c) Date of Section 17 notification: N/A__________

9. Tax Matters: State the tax effect: NA___________________

10. Special Category (first petitioner/appellant only):


Senior citizen >65 years SC/ST Woman/child

Disabled Legal Aid case in custody

11. Vehicle Number (in case of Motor Accident Claim matters): NA

12. Decided cases with citation: NA

Date: .11.2016 AOR for petitioner(s)/appellant(s)

(Name) Registration No. 2058

E-mail-shantanusagar@gmail.com
SYNOPSIS & LIST OF DATES

The Present Special Leave Petition is directed against the final

order dated 27.09.2016 passed by the Honble High Court for Judicature

at Patna in Criminal Miscellaneous No. 39220 of 2016 arising out of P.S

Case No. 2326 of 2015 Thana Bhagalpur Complaint Case, Bhagalpur where

in the Honble High Court was pleased to dismiss the Anticipatory Bail

application filed by the petitioner herein on the ground that the

complainant in Complaint Petition categorically stated that the so called

vendor died long back in the year 1953 and by producing a fictitious lady,

a forged and fabricated sale deed was prepared.

It is respectfully submitted by the petitioner herein that the

Honble High Court did not take into consideration that the Vendor

Parvati Devi is still alive and presently residing at Makulia Apartment,

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

List as on 16.04.2015 as per the information received under the Right to

Information Act, 2005.

Prosecution case in brief is that the Complainant Saroj Devi filed a

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

Devi who died on 25.01.1953. The mother of Complainant had purchased

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

only daughter of her mother is full owner and is in possession. The


Complainant came to know that on 03.01.2014 petitioner herein Sanjay

Kumar Agarwal, Pradep Kr. Lohia, Diwakar Pd Karn and Bishnukant Joshi

under a planned conspiracy executed a forged fabricated sale deed

placing any lady as Parvati Devi. It is also alleged by the complainant

that she inquired with Sanjay Kr. Agarwal but he did not care and told

that he will take possession.

The question is whether the complainant has filed the complaint

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

has been given colors of criminal case so as to falsely implicate the

accused and maligning his reputation by getting him arrested in a false

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.

Therefore, it is respectfully submitted that the Complaint Case no. 2326

which has filed by the complainant is a frivolous one and if it is allowed

then it would result in abuse of process of the court.

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

dismissing the anticipatory bail application of the petitioner even as no

prima facie case is made out against the accused?

In the instant case there is nothing on materials on record which

could even constitute a prima-facie case against the petitioner. It is

respectfully submitted by the petitioner that the petitioner had

purchased a property in Rameshwar Narayan Agarwal Lane ward no. 20

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

valuable consideration of Rupees 49,25,000 (Fourty Nine Lacs Twenty

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

Commission of India, original Kewala of 1950 and original survey

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

Receipt, copy of letter granting pension under social security scheme of

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

Income Tax Department. The entire consideration amount was paid

through an account payee cheque no. 231427 and 886851 dated which

was duly debited from the petitioners account and credited to the

Vendor account.

It is alleged by the complainant that the petitioner presented one

lady impersonating as Parvati Devi and then got her execute a sale deed

in favour of the petitioner and to support this the complainant therein

produces Death Certificate issued by Bhagalpur Municipal Corporation

dated 20.03.2015 vide registration number 379 which states that the

Vendor Parvati Devi died on 25.01.1953. However, it is pertinent to

mention that the above mentioned death certificate has been obtained

fraudulently by the Complainant. The PAN Card of the Vendor Parvati

Devi was issued by the Income Tax Department on 11.07.2013. The


information received under the Right to Information Act also shows that

the name of Parvati Devi (Vendor) is present in Voter List as on

16.04.2015. Therefore the allegation of the complainant is not supported

by the materials on record.

That it is respectfully submitted by the petitioner herein that he

has got recently the Death Certificate of the husband of Smt. Parwati

Devi, namely, Sri Bishwambhar Dayal Sharma @ Bishwambhar Dayal Joshi,

from which it is evident that he died on 03.02.1973. That the Petitioner

humbly states and submits that the Petitioner managed to get an

Electricity Bill of Bihar State Electricity Board with regard to the

electrical connection of the house of Parwati Devi which is of the year

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

was alive in 1999 and survived her husband. Therefore, there is no

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.

The Honble High Court has erred in appreciating the materials

available on records in accepting the fact that the complainant has

falsely stated that she was the only daughter of Parvati Devi as the

complainant has also made her brother Bishnu Kant Joshi S/o

Bishwambhar Lal Joshi an accused no. 4 in the Complaint Petition. That

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

maligning the reputation of the petitioner herein.

It is also pertinent to mention here that the Honble High Court has

failed to properly appreciate the provision of section 114 (e) of the

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.

It is pertinent to mention here that the discretion vested in the

Honble High Court under section 438 has to be exercised in a judicial

manner and if the conditions mentioned therein are satisfied in a

particular case then the Honble High court may extend the benefit of

Anticipatory Bail in favor of the accused. In the instant case the

petitioner herein is a regular practicing member at District Bar

Association, Bhagalpur and is a law abiding citizen with no criminal

antecedent.

A chronological list of dates giving rise to the Present Special Leave

Petition is stated as follows:

1950: Vendor Parvati Devi had purchased a piece of land in

the year 1950 through a registered sale deed in Mouza

Maskand Manikchand ward no. 3 old holding no. 44,

Ramewshwar Narayan Agarwal Lane area one and half


kathah. The original Kewala of 1950 was handed over

to the petitioner by the vendor.

14.06.1999: That the Petitioner managed to get an Electricity Bill

of Bihar State Electricity Board with regard to the

electrical connection of the house of Parwati Devi

which is of the year 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 was alive in 1999 and survived her

husband. Therefore, there is no 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. A true typed

copy of the electric bill in the name of Parwavti Devi

dated 14.06.1999 is annexed herewith and marked as

ANNEXURE-P/1 (Pages )

2011: That the petitioner has accessed the Urban

Development and Housing Department, Govt. Of Bihar

website vide the link namely www.urban.bih.nic.in,

which reveals (under heading SECC 2011 ULB LIST

sub head District Bhagalpur ward No. 20 family block

no. 238) the name of Parwati Devi , evidencing the

fact that the said Parwati Devi, alongwith the entire

family , including her son Bishnu Kant Joshi (who has


also been made an accused , who is witness in the sale

deed) and daughter in laws, grand sons and grand

daughters, was living in the said premises . It is,

therefore, a clear proof of fact that in 2011 Parwati

Devi survived, thereby her alleged death in 1953 is

falsified and thereby whole prosecution story is also

falsified. A true typed copy of census report of 2011 by

Urban Development and Housing Department,

Government of Bihar is annexed herewith and marked

as ANNEXURE-P/2 (Pages )

07.10.2013: The consideration amount of Rs 49,25, 000 was paid

by the petitioner herein to the Excutant of the Sale

Deed (Vendor) by way of two cheques bearing Cheque

No. 231427 for Rs. 24,50,000 and cheque no. 886851

dated 07.10.2013 which was debited from the

petitioners Vijay Bank account Saving Account no.

841401011000870 on 15.01.2014 and 27.01.2014

respectively. A true copy of Cheques bearing No.

231427 and 886851 issued dated 07.10.2013 and copy

of bank statement showing above mentioned debit

entries are annexed herewith and marked as

ANNEXURE-P/3 (Pages )

08.01.2014: A sale deed executed by Parvati Devi in favour of the

Petitioner Sanjay Kumar Agarwal was registered at

District Registry Office, Bhagalpur. Parvati Devi, the

Vendor herself presented the documents before the


District Registry Office, Bhagalpur and the Vendor have

admitted execution before the Registry Office. The

documents were registered vide Token No. 244/2014

as Deed No. 227 in Book No. 1, Volume No. 3 on pages

497 to 505 and has been preserved in total 9 pages in

C.D No. 1 year 2014. A true translated copy of the

Registered Sale Deed bearing token no. 244/2014 is

annexed herewith and marked ANNEXURE-P/4

(Pages )

NIL: That the petitioner had properly verified the identity

of the Vendor Parvati Devi and for the same purpose

the Executant had given the a copy of her Voter ID

Card issued by the Election Commission of India,

original Kewala of 1950 and original survey 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 Receipt, copy of letter granting

pension under social security scheme of 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 Income Tax Department. A true

photocopies of her Voter ID Card issued by the Election

Commission of India and her Pan Card issued by the

Income Tax Department are annexed herewith and

marked as ANNEXURE-P/5 (Colly) (Pages )


A true translated copies of Land Records , Municipal

Rent Receipt, letter granting pension under Social

Security Scheme of Govt. to Parvati Devi (Obtained by

RTI) and Voter list of all family members of Parvati

Devi are Annexed herewith and marked as ANNEXURE-

P/6 (Colly) (Pages )

25.02.2014: That the petitioner applied for mutation of land

records on his name to the Sub Divisional Officer,

Jagdishpur and after verification of the records the

permission was granted for mutation of land records in

his name. A true translated copy of the application

dated 25.02.2014 applied before Sub Division Officer,

Jagdishpur is annexed herewith and marked as

ANNEXURE-P/7 (Pages )

07.04.2014: The petitioner also has a telephone number

6412422018 allotted by Bharat Sanchar Nigam Limited.

A true typed copy of the bill dated 07.04.2014 issued

by Bharat Sanchar Nigam Limited is annexed herewith

and marked as ANNEXURE-P/8 (Pages )

17.04.2014: The petitioner applied for electricity supply to the

office of Bhagalpur Electricity Distribution Company

Private Limited and deposited Rupees Two Thousand

Only vide receipt no. 2811. A true typed copy of the

receipt no.2811 issued by Bhagalpur Electricity

Distribution Company Private Limited is annexed

herewith and marked as ANNEXURE-P/9 (Pages )


29.04.2014: The Electric Meter was installed by Bhagalpur

Electricity Distribution Company Private Limited with

Consumer No. 1392/RP-18/DS/101/1A. A true

translated copy of meter fixing report bearing

consumer no. 1392/RP-18/DS/101/1A is annexed

herewith and marked as ANNEXURE-P/10 (Pages )

30.05.2014: After completing the formalities and necessary

inspection by the concerned authorities a examination

a report was submitted by the Tehsildar that all the

details have been found to be true and that the

mutation of land records may be done in the name of

the petitioner Sanjay Kumar Agarwal. A true translated

copy of Report No.1482 of Bhagalpur Municipal

Corporation recommending mutation of land record in

the name of the petitioner dated 30.05.2014 is

annexed herewith and marked as ANNEXURE-P/11

(Pages )

17.01.2015: An electricity bill was issued to the petitioner by

Bhagalpur Electricity Distribution Company Private

Limited. A true typed copy of the electricity bill dated

17.01.2015 issued by Bhagalpur Electricity Distribution

Company Pvt. Ltd. is annexed herewith and marked as

ANNEXURE-P/12 (Pages )

02.02.2015: The petitioner applied for installation of Self Boring at

the suit property and deposited Rupees One Thousand

only to the Bhagalpur Municipal Corporation vide


receipt no. 77495. A true typed copy of the Receipt

No.77495 issued by Bhagalpur Municipal Corporation is

annexed herewith and marked as ANNEXURE-P/13

(Pages )

27.10.2015: The Complainant filed a Complaint Petition bearing

Complaint Case No. 2326 of 2015 before the learned

CJM, Bhagalpur, Bihar alleging therein that she is a

house wife and only daughter of her mother Parvati

Devi who died on 25.01.1953. The mother of

Complainant had purchased 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, one and half Kathha. The

Complainant being only daughter of her mother is full

owner and is in possession. The Complainant came to

know that on 03.01.2014 petitioner herein Sanjay

Kumar Agarwal, Pradep Kr. Lohia, Diwakar Pd Karn and

Bishnukant Joshi under a planned conspiracy executed

a forged fabricated sale deed placing any lady as

Parvati Devi. It is also alleged by the complainant that

she inquired with Sanjay Kr. Agarwal but he did not

care and told that he will take possession. A true

translated copy of the Complaint Petition bearing

Complaint Case No. 2326 of 2015 dated 27.10.2015 is

annexed herewith and marked as ANNEXURE-P/14

(Pages )
24.02.2016: The complainant of the Complaint Petition has also

filed a Title Suit No. 626 of 2016 before the Sub-

Judge-1, Bhagalpur against the petitioner among

others seeking reliefs inter alia to declare the sale

deed registered dated 8.1.2014 void, illegal and not

binding on the complainant. A true typed copy of the

Petition for Title Suit No. 626 of 2016 before the court

of Sub-Judge-1, Bhagalpur dated 24.02.2016 is

annexed herewith and marked as ANNEXURE-P/15

(Pages )

08.09.2016: A certificate was issued by the Vijaya Bank certifying

that the consideration amount was paid by the

petitioners account to the account of Parvati Devi

(Vendor). A true typed copy of the certificate issued

by the Vijaya Bank dated 08.09.2016 is annexed

herewith and marked as ANNEXURE-P/16

(Pages )

27.09.2016: The petitioner herein filed a Bail Application before

the Honble High Court of Patna vide Criminal

Miscllaneous No. 39220 of 2016 and the Honble High

Court was pleased to dismiss the bail application by

impugned order dated 27.09.2016.

.11.2016: Hence the present SLP.


IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (Crl) No.________ OF 2016
(With prayer for Interim Relief)

IN THE MATTER OF:


POSITION OF PARTIES
In trial Court In High Court In this Court

Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal


Son of Shri Radhe Shyam Agrawal
Resident of Mohalla- Chunihari Tola
R.N.Agrawal Road, P.S. Kotwali
District-Bhagalpur, Bihar Accused Petitioner Petitioner

Versus
1. State of Bihar
Through Secretary,
Home Main Secretariat,
Patna-800015

Bihar Prosecution Opposite Respondent


Party No.1 No.1
2. Saroj Devi W/o Amarnath
Sharma, D/O Late Bishambhar
Dayal Sharma @ Bishambhar
Joshi, resident of Mohalla-
Chunihari Tola, R.N.Agrawal
Road, Near Rani Sati Temple,
P.S. Adampur, District-
Bhagalpur, at present resident
of Out Post Land, Nath Nagar,
P.O. Nath Nagar, P.S. Nath
Nagar (Lalmatiya) District
Bhagalpur Complainant Opposite Respondent
Party No.2 No.2
A PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA

To

The Honble Chief Justice of India and His Companion Judges of the

Supreme Court of India

The Humble Petition on behalf of the Petitioner above named

MOST RESPECTFULLY SHEWETH:

1. The Present Special Leave Petition by the Petitioner is directed

against the impugned final order dated 27.09.2016 passed by the

Honble High Court Judicature at Patna in Crl. Misc. No.39220 of

2016, whereby the Honble High Court has dismissed the criminal

miscellaneous petition.

2. QUESTIONS OF LAW:-

A. Whether the Honble High Court of Judicature at Patna has failed

to exercise its discretion in a judicial manner by not allowing the

anticipatory bail application in the light of facts and circumstances

of the present case?

B. Whether the order passed by the Honble High Court is as per ratio

laid down by this Honble Court in Sumit Mehta Vs State (N.C.T of

Delhi) (2013) 15 SCC 570 and Sidharam Satlingappa Mhetre vs State

of Maharashtra (2011) 1 SCC 694?

C. Whether the complaint filed by the Complainant is malafide and

amounts to abuse of process of court?


3. DECLARATION IN TERMS OF RULE 2(2):

The Petitioner states that he has not filed any other Petition

seeking leave to appeal against the Order dated 27.09.2016 passed

by the Honble High Court Judicature at Patna in Crl. Misc.

No.39220 of 2016.

4. DECLARATION IN TERMS OF RULE 4:

The Annexure P/1 to P/ produced along with this Special Leave

Petition are true translated/typed copies of the pleadings/

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

by more than one documentary evidence.


B. For that the Honble High Court failed to exercise its discretion in

judicial manner by not properly appreciating the materials on

records.
C. For that the petitioner herein is a genuine purchaser who had

purchased a piece of land which for a valuable consideration of

Ruppes Fourty Nine Lakhs Twenty Five Thousands which has been

paid through two cheques drawn on Vijaya Bank.


D. For that the sale deed in respect of the suit property was

presented for registration by the Vendor Parvati Devi who was

physically present at the District Registry Office, Bhagalpur and the

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

petitioner after verification of all the details.


F. For that the Complaint Case was filed with the sole purpose of

maligning the reputation of the petitioner by getting him arrested

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

case to abuse the process of court.


H. For that there is no prima facie case is made out against the

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

regular practicing advocate and there is no chance of tampering of

evidences by the petitioner as all evidences are available in

documented form.
K. For that the petitioner is ready to abide by any conditions that may

be imposed by this Honble Court in granting anticipatory bail.

6. GROUND FOR INTERIM RELIEF:-

A. For that the petitioner is a law abiding citizen who has been falsely

implicated in this case and is a man of clear antecedent.

B. For that petitioner is undertakes to abide my any conditions that

may be imposed by this Honble Court.

7. MAIN PRAYER:-

It is therefore most respectfully prayed that Your Lordships may

graciously be pleased to:-


i. Grant Special Leave to Appeal to the petitioner against the final

Order dated 27.09.2016 passed by the Honble High Court

Judicature at Patna in Crl. Misc. No.39220 of 2016 and, or;

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.

8. PRAYER FOR INTERIM RELIEF:-

a. Grant ad-interim ex-parte order for stay of arrest to the petitioner

in connection with Complaint Case No. 2326 of 2015 Thana

Bhagalpur, and to the satisfaction of the learned trial court

and/or;

b. 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 FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND


SHALL EVER PRAY

DRAWN BY: FILED BY:

[Prashant Kumar]
Advocate SHANTANU SAGAR
Advocate for the Petitioner

Drawn On: .11 .2016


Filed On: .11 .2016

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION


SPECIAL LEAVE PETITION (Crl) No._________ OF 2016

IN THE MATTER OF:


Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal Petitioner

VERSUS

The State of Bihar & Anr. .Respondents

CERTIFICATE

Certified that the Special Leave Petition is confined only to the pleadings

before the High Court whose order is challenged and the other

documents relied upon in those proceedings. No other document pleading

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

the documents/annexures attached to the Special Leave Petition for

consideration of this Honble Court were the documents / annexure filed

in the Courts below. The Certificate is given by the counsel for the

petitioner on instructions of the petitioner whose affidavit is filed in

support of the Special Leave Petition.

[SHANTANU SAGAR]
Advocate for the Petitioner
New-Delhi
Dated: .11.2016

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION


SPECIAL LEAVE PETITION (Crl) No._________ OF 2016

IN THE MATTER OF:

Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal Petitioner

VERSUS
The State of Bihar & Anr. .Respondents
AFFIDAVIT

I Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal, S/o Shri Radhe

Shyam Agrawal, R/o Mohalla- Chunihari Tola, R.N.Agrawal Road, P.S.

Kotwali, District-Bhagalpur, Bihar, Presently at New Delhi, do hereby

solemnly affirm and state as under:-

1. That I am the petitioner in the above mentioned case and I am

conversant with the facts and circumstances of the case and

competent to swear this affidavit.

2. That I have read over and explained in Hindi the accompanying

Special Leave Petition (Paras 1 to 8) (Pages to ) and the list of

Dates pages (B to ), and Criminal Miscellaneous Petition and

having understood the contents thereof, I say that the facts stated

therein are true to the best of my knowledge.

3. That the Annexures are true/translated copies of their respective

originals.

4. That the S.L.P paper-book contains total [ ] pages.


IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION


CRL.M.P. No. OF 2016
IN
SPECIAL LEAVE PETITION (Crl) No.____________OF 2016

IN THE MATTER OF:


Sanjay Kumar Agrawal @ Sanjay Kumar Agarwal Petitioner
Versus
The State of Bihar & Anr. .Respondents

AN APPLICATION FOR EXEMPTION FROM FILING OFFICIAL ENGLISH


TRANSLATION OF ANNEXURES

To

The Honble Chief Justice of India and his Companion Judges of the
Supreme Court of India at New Delhi

The Humble Petition on behalf of the Petitioner above named

MOST RESPECTFULLY SHEWETH:

1. The Present Special Leave Petition by the Petitioner is directed

against the impugned final order dated 27.09.2016 passed by the Honble

High Court Judicature at Patna in Crl. Misc. No.39220 of 2016, whereby

the Honble High Court has dismissed the criminal miscellaneous petition.

2. That the petitioner has set out the facts and circumstances of the

case in detail in the accompanying Special Leave Petition which is not

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

in the matter, the petitioner could not get it translated through an

official translator. It is therefore requested that in the interest of justice

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.

4. That this application is made bona fide and in the interest of


justice.
PRAYER

It is therefore prayed that this Honble Court may graciously be


pleased to:-

1. Exempt the petitioner from filing the official English translation of

the Annexures P/4, P/6, P/7, P/10, P/11 & P/14; and/or

2. Pass such other or further order or orders as this Honble Court

may deem fit and proper in the facts and circumstances of the

case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND


SHALL EVER PRAY

DRAWN BY: FILED BY:

[PRASHANT KUMAR] SHANTANU SAGAR


Advocate Advocate for the Petitioner

Drawn On: .11.2016


Filed On: .11.2016