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2018 Supreme(J&K) 687

SANJAY KUMAR GUPTA
Rashpal – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners:Mr. B.L. Kalgotra, Advocate.
For the Respondent:Mr. Rajnesh Oswal, Advocate.

JUDGMENT :

1. In the instant petition, the petitioners seek quashing of challan and charges framed in the proceedings arising from FIR No.14/2014, Crime Branch Police, Jammu, pending before 2nd additional Sessions judge, Jammu..

2. The material facts of the case are that the complainant party had only 09 Kanals and 18 Marlas of land comprised of only Khasra No.132 at Village Jagtu Chak. They agreed to sell the land to the petitioners for a consideration of Rs.2,25,000/- and after obtaining the whole consideration amount, executed an Agreement to sell on 17th December, 1999 and delivered the possession. They also executed an irrevocable power of attorney on 08th April, 2000, authorizing the applicants to sell or do anything with the land, which the owners were capable of doing. In consequence of the agreement to sell and Power of Attorney, the applicants executed a Sale Deed in favour of their father on 29th February, 2000, which was registered by the Sub-Registrar, R.S. Pura are in possession thereof since 1999. The complainant party never raised any objection till 2013. At the time of executing the Sale Deed, it transpired that the Khasra number of the land belonging to the complain



























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