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2020 Supreme(J&K) 531

Amrik Singh – Appellant
Versus
State – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. L.K. Sharma, Sr. Advocate with Mr. Mayank Gupta, Advocate
For the Respondent(s) No.1: Mr. Ravinder Gupta, AAG
For the Respondent(s) No.2:Mr. Rahul Pant, Advocate

Judgment

Sanjay Dhar, J.—Through the medium of instant petition, filed under Section 561-A of J&K Code of Criminal Procedure (corresponding to Section 482 of the Central Code of Criminal Procedure), the petitioners have challenged FIR No. 80/2018 for the offences under Sections 467/471/34 & 420 RPC registered with Police Station, Kathua.

2. The facts, giving rise to the filing of instant petition, are that petitioners No. 1 and 2 entered into an agreement to purchase land measuring 2 kanals comprised under Khasra No. 519 situated at Ward No. 9 Taraf Manjli Tehsil and District Kathua with petitioner No.2 in terms of Agreement to Sell dated 14.01.2012. According to the petitioners, an amount of Rs.10.00 lac was paid as part payment to petitioner No.3 and they were put in possession of the land in question. It is contended that petitioner No.3 was in exclusive possession of the land in question and the other co-sharers had conveyed their no objection to the execution of the Agreement to Sell by petitioner No.3 in favour of other petitioners. It is also contended that respondent No.2 has nothing to do with the land in question and that he has never been in possession of the same. It is

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