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2019 Supreme(J&K) 470

DHIRAJ SINGH THAKUR
Gautam Singh – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : F.S. Butt.

ORDER :

1. This is a petition under Section 561-A Cr.P.C. filed by the petitioner for quashing of FIR No. 46/2019 dated 25.03.2019, registered with Police Station, Kishtwar for offences under Section 420 of the RPC.

2. Briefly stated the material facts are as under.

3. A written complaint was lodged by the complainant-respondent No. 2 here in before the Inspector General of Police, Crime Branch, Jammu alleging therein that the accused- petitioner approached the complainant and offered to sell his land measuring 4 marlas falling under khasra No. 112 situate at Lach Khazana, Kishtwar for an amount of Rs. 5.10 lacs.

4. It was alleged that the entire payment was made to the petitioner through bank transfers and that despite the assurance of the petitioner that land would be registered in his name within one month, the needful was not done.

5. It was further alleged that upon enquiry, the complainant came to know that the petitioner was not the exclusive owner of the property in question but a share holder along with others and was not competent to sell the same individually. This fact, it is alleged, was withheld from the complainant, as a result, for the last three years, neither the land

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