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2010 Supreme(Raj) 941

MOHAMMAD RAFIQ
Gopal Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
A.K. Gupta with Harsh Saini, for Petitioner;
Peeyush Kumar, Public Prosecutor

Hon'ble RAFIQ, J.—This revision petition has been filed by petitioner Gopal Sharma assailing order dated 05.08.1995 of Additional Civil Judge (Junior Division) & Judicial Magistrate No.13, Jaipur City, Jaipur, in Criminal Case No.2318/1994, whereby charge was framed against petitioner for offence under Sections 420 and 447 of Indian Penal Code.

2. Shorn of unnecessary details, factual matrix of case is that one Manmohan lodged a report at Police Station Mansarovar, Jaipur on 24.08.1994 in connection with alleged occurrence which took place between years 1981 and 1983. As per case of complainant, there was land of Khasra No.251/281 measuring 37 bighas and 14 biswas in village Devari situated at Gopalpura Road. On 30.04.1981 an agreement to sale was executed between petitioner, in capacity of Secretary, National Housing Cooperative Society Limited, Jaipur, and complainants Manmohan, Motilal, Praveen and Rikhab Chand Pungaliya. It was agreed that the amount of Rs.15,000/- per bigha will be paid and thus total amount of Rs.5,65,500/- will be paid as sale consideration. It was also mentioned that Manmohan, Motilal and Praveen were having half share and Rikhab Chand Pungaliya was having a




















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