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2002 Supreme(Jhk) 763

D.N.PRASAD
HRIDAYANGSHU BHATTACHARJEE – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates Appeared:
Mohit Prakash, P.K.PRASAD

Judgment :

D. N. PRASAD, J.

( 1 ) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 13-2-2001, whereby and whereunder the learned Munsif has allowed the Opposite parties to appear and file show cause and also directed the petitioner to reproduce his witnesses for giving opportunities to cross-examine those witnesses in the preliminary enquiry, which was conducted by the Court below u/s. 340 of the Code of Criminal Procedure in connection with Misc. Case No. 23/2000.

( 2 ) SHORT facts giving rise to this application is that a Title Suit No. 16 of 1988 for specific performance was filed by the petitioner and others against Rekha Bhattacharjee and others claiming that there was an agreement between the petitioner and Smt. Rekha Bhattacharjee and others for sale of property for a consideration of Rs. 1,36,000. 00 out of which Rs. 35,937. 00 were paid in advance and the rest amount was to be paid at the time of execution of the sale deed, but since the sale deed was not executed, a suit for specific performance was filed, which was dismissed but subsequently allowed in First Appeal against which L. P. A. was filed and suit wa











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