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2023 Supreme(SC) 728

ABHAY S. OKA, RAJESH BINDAL
Mukeem Ahmad – Appellant
Versus
State of U. P. – Respondent


JUDGMENT :

Rajesh Bindal, J.

1. The order dated 11.4.2019 passed by the High Court of Judicature at Allahabad in a petition filed under Section 482 CrPC has been challenged by the Appellants. The prayer before the High Court was for quashing the Case Crime No. 341 of 2018 dated 28.06.2018 registered under Sections 420, 467, 468 and 471 of Indian Penal Code and all subsequent proceedings thereto.

2. Learned counsel for the Appellants submitted that the case came to be registered on a complaint filed by Aash Mohamad, son of late Gulam Mohamad. It was registered as a result of an application filed before the Magistrate under Section 156(3) CrPC. The allegation was that Nusarat Jahan, widow of Gulam Mohamad had sold the property to the Appellants which she was not entitled to sell as after the death of her husband Gulam Mohamad, she had remarried.

3. Learned counsel for the Appellants argued that he purchased a piece of land from Nusarat Jahan widow of Gulam Mohamad after payment of due consideration. The sale deed was registered on 17.3.2017 for a total consideration of Rs.14 lakhs. The Appellants were not in the knowledge of any fact regarding the dispute of the vendor in the family or t

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