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2015 Supreme(Pat) 1399

ASHWANI KUMAR SINGH
Sushil Kumar Saraf – Appellant
Versus
State of Bihar, through the Senior Superintendent of Police, Gaya – Respondent


Advocates Appeared:
For the Petitioners: Mr. Gautam Kejriwal and Ms. Aishwarya Riti.
For the Respondent: Smt. Kumari Amrita.
For the Informant : Mr. Surendra Kumar Mishra.

JUDGMENT :

Ashwani Kumar Singh, J.

1. By way of filing an application under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the FIR in Delha P.S. Case No. 37 of 2013 registered on 4.5.2013 under Sections 406, 420 and 120 B of the Indian Penal Code (for short IPC).

2. The respondent no. 3 Arjun Prasad lodged an FIR on 4.5.2013 alleging therein that he had negotiated with the petitioner for purchase of 3600 sq. ft. @ Rs. 3 lakh per katha against which Rs. 50,000/- was paid in advance to the petitioner on 8.11.2011 by way of Cheque No. 946087 of Punjab National Bank. It is further alleged that the petitioner got a sum of Rs. 4 lakh deposited in cash with his personal deed writer on 23.1.2012. On 26.6.2012 the respondent no. 3 further deposited a sum of Rs. 2 lakh vide Cheque No. 434783 of Punjab National Bank, Bairagi Branch into an account at Punjab National Bank, Belaganj at the direction of the petitioner. It has been alleged that thereafter as and when respondent no. 3 attempted to make payment of balance amount and sought for execution of the sale deed and registration thereof the accused persons defered the same for one reason or the other. Lastl































































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