MUHAMMAD HAFIZ NIZAMANI and 2 others vs THE STATE
This matter concerns an application for confirmation of pre-arrest bail in a criminal case registered in 2008 regarding an incident allegedly occurring in 1995-96. The FIR was lodged based on a 1995 complaint by the complainant, Mst. Durdana, alleging that unknown persons were attempting to fraudulently sell her land using a forged power of attorney. The applicants sought bail, arguing that the complainant herself had subsequently executed a registered sale-deed in their favour in 2005, which was witnessed by her own son, and that the land transfer was legitimate. The State Counsel, upon reviewing the registered sale-deed and noting the absence of any complaint from the complainant regarding the actual transfer, conceded to the bail application. The Court held that the apprehension underlying the FIR—that unknown persons were fraudulently selling the land—was rendered moot by the complainant's own execution of the sale-deed. Consequently, the Court confirmed the interim bail, while observing that the appropriate remedy for the quashment of the FIR lies before the trial court rather than in bail proceedings.
- Does the execution of a registered sale-deed by a complainant negate the basis of an FIR alleging fraudulent transfer of land by power of attorney?
- Is the High Court the appropriate forum for the quashment of an FIR when bail is the primary relief sought?
ORDER
1. ' FAISAL ARAB, J.--- The applicants are implicated in Crime No,12 of 2008 registered on 27-9-2008 at Police Station ACE, Hyderabad.
2. ' The date of incident is reported to be of 1995-96. The basis of registration of F.I.R. Is that in the year 1995 one Mst. Durdana made a complaint to the Sub-Registrar that some persons have fraudulently prepared general power of attorney and on that basis are trying to sell her land through unfair means. In this regard son of Mst. Durdana Nadeem Ahmed Siddiqi also filed an application before Mukhtiarkar on 25-9-2003 so that sale certificate to the alleged attorney should not be issued.
3. ' Counsel for the applicant points out that a registered sale-deed has been executed by Mst.
4. Durdana Bibi herself in favour of the applicant before the Registrar on 9-2-2005 which is duly witnessed by his son Nadeem Ahmed Siddiqi. In the sale-deed the N.I.C. Numbers of both Mst.
5. Durdana Bibi and her son Nadeem Ahmed Siddiqi are also mentioned. He further states that pursuant to such registration an entry was also kept in Deh Form-II and yet an application of Mst.
6. Durdana made in the year 1995 is made basis of lodging F.I.R. Which was on the basis of apprehension that some one is fraudulently trying to prepare power of attorney to sell her lands. As Mst. Durdana has herself executed a registered sale-deed and not some one who claims to her attorney, the question of apprehension that some unknown person is trying to sell her land by preparing power of attorney does not arise. Hence the implication of the applicants in the case appear to be totally misconceived.
7. Learned State Counsel after going through the registered document states that as Mst. Durdana has herself executed the sale-deed on 9-2-2005 and she never approached the concerned authorities to lodge any complaint about transfer made pursuant to registration of sale-deed he concedes to the grant of bail.
8. ' Learned counsel for applicant says that this is a fit case where proceeding be directed to be quashed. The appropriate remedy for quashment of F.I.R. Lies before the trial Court. Since in this case bail is being sought a case for bail is made out. The interim bail already granted is hereby confirmed on the same terms and conditions.