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2022 Supreme(J&K) 338

SANJAY DHAR
Ab. Majeed Bhat – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aquib Ahmad
For the Respondent: Satinder Singh Kala, Gh. Rasool

JUDGMENT :

1. The petitioners have challenged order dated 12.07.2021 passed by learned Special Mobile Magistrate(Sub-Judge), Budgam (hereinafter referred to as the trial Magistrate), whereby a direction has been issued to SHO, P/S, Budgam, to enquire the matter relating to the complaint filed by respondent Nos. 2 and 3 (hereinafter referred to as the private respondents) against the petitioners in terms of Section 156(3) of the Cr.P.C. Challenge has also been thrown to FIR No. 208/2021 for offences under section 420/506 of IPC registered with Police Station, Budgam, pursuant to the aforesaid order of the learned trial Magistrate.

2. It appears that the private respondents had filed a complaint before the learned trial Magistrate alleging therein that they have purchased land measuring 4 kanals 15 marlas falling under Survey Nos. 67, 68 and 69situated at Gulwanpora Budgam for an agreed sale consideration of Rs. 1,38,70,000/- from the accused/petitioners herein. It was further averred that the accused/petitioners have received a sum of Rs.1,13,70,000/- from the private respondents and that it was agreed between the parties that the balance amount of Rs. 25.00 lacs shall be paid by the

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