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MANOJ MISRA
Rakesh – Appellant
Versus
State of U. P. – Respondent


Counsel for the Parties:
For the Applicant:Shishir Tandon, Advocate.
For the Opposite Parties:A.G.A., Dinesh Kumar, Sanjay Kumar Dwivedi and Vikas Ojha, Advocates.

JUDGMENT

Manoj Misra, J. —Heard Sri Shishir Tandon, learned Counsel for the applicant, Sri Vikas Ojha holding brief of Sri Sanjay Kumar Dwivedi for opposite party No. 2 and the learned AGA for the State.

2. By the present application, the applicant has sought for quashing of the summoning order dated 4th March, 2013, passed by Judicial Magistrate, Chhata, district Mathura in criminal complaint case No. 27/IX of 2013, under Sections 420, 467 and 468, I.P.C., relating to police station Kosikala, district Mathura, whereby the applicant has been summoned under Sections 420, 467 and 468, I.P.C. The applicant has also prayed for quashing of further proceedings as against him in the aforesaid criminal complaint.

3. A perusal of the record reveals that the allegation in the complaint is that the complainant’s father and uncle jointly purchased a property vide sale-deed dated 12.11.1964. On their death one half share of complainant’s father devolved on the complainant and his brother Chhajjan (a co-accused, but non-applicant) and the remaining one half share of his uncle devolved on Shiv Ram and Phool Singh, his sons. The allegation is that complainant’s brother, without authority, by a fic

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