MANINDRA MOHAN SHRIVASTAVA
Renuka Gupta – Appellant
Versus
State of Chhattisgarh – Respondent
Manindra Mohan Shrivastava, J.
1. This petition under Article 226 of the Constitution of India has been filed by the petitioners praying for quashment of FIR lodged against the petitioners by respondent No. 3 as also to restrain respondent No. 2 from effecting arrest of the petitioners. The factual backdrop of event giving rise to this petition are that an agreement to sell in respect of immovable property, being open land, was executed by petitioner No. 1- Renuka in favour of respondent No. 3 Niraj on 6-7-2002. It is claimed by respondent No. 3 that under that agreement to sell, a total amount of Rs. 89,600/- was paid to petitioner No. 1 and a sale deed was to follow. However, the petitioner No. 1 did not execute any sale deed despite special request made by respondent No. 3. A notice was given on 22-5-2004 by Niraj Gupta (respondent No. 3) to Renuka (petitioner No. 1) to execute sale deed by remaining present in the office of Registrar Rajnandgaon, on 10-4-2004. However, the sale deed was not executed. Later on, respondent No. 3 came to know that instead of executing sale deed in his favour, petitioner No. 1 sold the property to one Santosh Ueky. A report was made in the poli
State of Haryana and Ors. v. Bhajan Lal and Ors. (1992 Supp (1) SCC 335 : AIR 1992 SC 604)
(G. Sagar Suri and another v. State of U.P. and Ors.) 2000 (2) SCC 636 : (AIR 2000 SC 754)
(Roy V.D. v. State of Kerala) 2000 (8) SCC 590 : (AIR 2001 SC 137)
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Hira Lal and Ors. v. State of Uttar Pradesh and Ors. (2009) 11 SCC 89 : (AIR 2009 SC 2380)
Dalip Kaur and Ors. v. Jagnar Singh and another (2009) 14 SCC 696 : (AIR 2009 SC 3191)
Chandran Ratnaswami v. K. C. Palanisamy and Ors. (2013) 6 SCC 740 : (AIR 2013 SC 1952)
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