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2013 Supreme(Chh) 352

MANINDRA MOHAN SHRIVASTAVA
Renuka Gupta – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: V.G. Tamaskar
For Respondents/Defendant: M.P.S. Bhatia, Dy. Govt. Adv.

ORDER

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









































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