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2016 Supreme(SC) 1084

V.GOPALA GOWDA, ADARSH KUMAR GOEL
Prem Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner:Mr. Hasan Anzar, Advocate
For the Respondents:Ms. Aishwarya Bhati, Advocate GP. Capt. Karan Singh Bhati, Mr. Jaideep Singh, Ms. Heena Khar, Ms. Tanuja Patra, Mr. T. Goptal, Mr. Amit Verma, Mr. Anshul Sharma, Mr. Milind Kumar, Advocates

ORDER :

1. Leave granted. This appeal has been preferred against the judgment and order dated 25th February, 2013 of the High Court of Rajasthan at Jodhpur in S.B. Criminal Misc. Petition No.556 of 2012 whereby the High Court declined to quash the proceedings against the appellant in FIR No.46/2012 P.S. Hanumangarh Junction for the offence under Sections 380, 447, 448, 451, 417, 420, 423, 427, 406, 465, 468, 166, 167 and 120-B I.P.C.

2. Case set out in the complaint filed by respondent No.2 is that vide agreement dated 16th March, 1989, an agreement to sell was executed by the appellant for sale of a plot on receiving a sum of Rs.10,500/-, but he did not complete the sale. On 27th February, 1999, the said plot was sold to one Ravi Kumar by breaking the room and the compound wall etc. It was again sold by Ravi Kumr to Rajesh Grover on 07th January, 2003. Rajesh Grover and Ravi Kumar took away the bricks and iron rods. On 10th December, 2011 in spite of being called upon, the accused refused to complete the sale. According to the complainant this amounted to offences mentioned above. The trial Magistrate directed that the complaint be sent to S.H.O. of the concerned police station for






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