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2009 Supreme(Raj) 2332

R.S.CHAUHAN
Jugal Kishore Sharma (Shukla) – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr.Anurga Sharma, Advocate.
For the Party: Mr.Javed Chaudhary, Public Prosecutor.
For the Complainant:Mr. M.K. Jain, Advocate.

JUDGMENT

1. - The petitioners have challenged the order dated 20.03.2009 passed by the learned Additional Session Judge, Sawai Madhopur whereby the learned Judge has directed the police to further investigate in FIR No.258/2007 under the Provisions of Section 173(8) Cr.P.C.

2. It is the case of the petitioners that the petitioner No.1 had taken a shop namely Ankur Medical & General Store on rent from the respondent No.2, for which respondent No.2 had taken an amount of Rs.1,00,000/- from the petitioner No.1 as security (Pagdi) which was agreed to be refunded upon vacating the shop. A rent agreement was also executed on a stamp paper of Rs.100/- witnessed by the petitioner Nos.2 & 3 and attested by a Notary Public on 08.03.2001. But only after some time, the respondent No.2 started pressurising the petitioner No.1 to vacate the rented shop. In this regard, the respondent No.2, served a legal notice upon the petitioner No.1 in March, 2004; the petitioner No.1 replied and denied the contents thereof. Thereafter, the petitioner No.1 was served with a legal notice followed by a notice of a civil suit filed by the respondent No.2 for eviction from the rented shop. The petitioner No.1 came












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