2003 Supreme(Raj) 1692
N.N.MATHUR
Almi – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:R.K. Singhal, Advocate.
For the Party: D.D. Kalla, Public Prosecutor.
For the Respondent No. 2:N.L. Joshi, Advocate.
JUDGMENT
1. - By way of instant petition under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the order of the Additional Sessions Judge, Anoopgarh dated 21.2.2003 confirming the order of the Judicial Magistrate First Class, Gharsana dated 27.8.2001 taking cognizance against the petitioner for offence under Section 420 IPC.
2. After the death of Haku Khan, the petitioner Almi married to his brother Hakim Khan. It is alleged that she got 25 Bighas of land of Muraba No. 211/60 in Tehsil Gharsana mutated in her name alone. In appeal, it was held that her right on the land was only to the extent of 6.05 Bighas and rest of the land vested with other brothers namely Attar Khan and Hakim Khan. The accused Mat. Almi alleged to have sold the entire land by a registered sale- deed dated 26.3.1999 for a sum of Rs. 5,00,000/-. It is also alleged that the valuation of the land was under valued. Thus, according to the complainant Mst. Almi had played a fraud with them by selling the entire land without authority. On this complaint, a case was registered against the petitioner for offence under Section 420 I.PC. After the investigation, police found it to be a case of
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