3 days ago
Milkiyat ki jang mein...: Judge turns poet while granting bail in property case
A judge of a Delhi court has given a poetic touch to his judgment while granting bail to a man accused of illegally possessing his mother's property, LiveLaw Magistrate First Class Rohit Kumar of Rohini Courts on Friday granted bail to one Nitin Soni in a case pertaining to a property dispute. It is alleged that Soni and his wife illegally took possession of his mother's property after breaking the lock and attacking her with a his own poetry in the order titled 'Jang Milkiyat', the judge said, "Milkiyat ki jang mein na jaane kitne afsaane hue, kuch hi apne the, vo bhi ab begaane hue. Banke Krishna, ab kisi ko aana hoga, sadte, ladte, bigadte rishhton ko bachaana hoga. Na jaane ye jang aur kitni Mahabharat laayegi, aakhir kitno ko salaakhon tak le jaayegi. (In the battle over inheritance, countless tales have unfolded. The few who were our own have now turned into strangers. Someone must now come, like Krishna once did, To save these rotting, fighting and breaking relationships. Who knows how many more Mahabharats this battle will bring, and how many more it will drag behind bars.)"
"Bankar beti, rishto ko bachaana hoga, sabhi naato ko nibhana hoga. Kya rakkha hai is jang mein koi bataayega? Aakhir is dharti se kaun kya hi le jaayega, (Becoming a daughter, one must now protect these bonds and uphold all these relationships with care. What is there really to gain in this battle, can someone say? After all, what will anyone truly take from this Earth when they go?)" he was arrested on July 12. According to the Delhi Police's response, a court had earlier issued a direction regarding possession of the disputed property in favour of his mother, who is the complainant, LiveLaw police noted there had been multiple PCR calls, complaints and non-cognisable reports (NCRs) filed against Soni. They also said that preventive action had previously been taken against Soni's lawyer argued that it wasn't a case of illegal possession, claiming that his mother had voluntarily handed over possession of the property to him based on an oral agreement. It was further submitted that some pictures existed showing Soni and his family residing on the property prior to July counsel also questioned why, if Soni's possession was indeed illegal, no contempt or eviction proceedings were initiated against him, according to response, the prosecution maintained that Soni had unlawfully taken possession of the complainant's property after its preparation and handover. It asserted that even if the complainant was physically dispossessed, she remained in constructive specifically questioned by the court, the Investigating Officer (IO) admitted that no CCTV footage or video evidence had been recovered to show that Soni had broken into or entered the property on or before July 10."After considering the facts and circumstances of the case, the court is inclined to grant bail to the accused, Nitin Soni," judge Kumar was quoted by LiveLaw as saying.- Ends
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