S.B.SINHA, HARJIT SINGH BEDI
B. Suresh Yadav – Appellant
Versus
Sharifa Bee – Respondent
JUDGMENT
S.B. Sinha, J. —
1. Leave granted.
2. An application for quashing the complaint being CC No.216 of 2006 filed in the Court of the Metropolitan Magistrate, Cyberabad at Malkagiri filed the petitioner under Section 482 of the Code of Criminal Procedure, has been dismissed by the High Court of Andhra Pradesh by reason of the impugned judgment.
3. Basic fact of the matter is not in dispute.
4. First respondent herein filed a complaint petition. The parties hereto entered into an agreement for sale in respect of a house admeasuring 350 square yards for a consideration of Rs.23,80,000/-. A sum of Rs. 5,00,000/- was paid by way of advance. A sale deed was executed on 30.9.2005 by the appellant herein on receipt of the balance sum of Rs. 18,79,000/-.
5. Indisputably on or about 29.9.2005, two rooms, allegedly, constructed on the said lands were demolished. A suit was filed in relation thereto. Respondent No.1 was also defendant in the said suit. In the written statement, she stated :
“Whereas it is the Plaintiffs who by demolishing existing structure when the defendant No.2 and her family members are away and even the electricity connection meter was thrown away and in that regard
G. Sagar Suri v. State of U.P.
Anil Mahajan v. Bhor Industries Ltd. (2005) 10 SCC 228 – Relied upon. [Para 16]
Hira Lal Hari Lal Bhagwati v. CBI, New Delhi
Hira Lal Hari Lal Bhagwati v. CBI, New Delhi
Indian Oil Corporation v. NEPC India Ltd. (2006) 6 SCC 736 – Relied upon. [Para 17]
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