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2007 Supreme(P&H) 567

SURYA KANT
Kheta Ram – Appellant
Versus
State Of Haryana – Respondent


Judgment

Surya Kant, J.

1. - In this petition under sec. 438 Cr. P. C. , the petitioner initially sought pre-arrest bail in the case FIR No.11 dated 12.1.2007, under Sections 420, 467, 468, 471, 506 IPC, registered at Police Station ellanabad, District Sirsa. However, in the peculiar facts and circumstances of this case which glaringly disclose the exercise of powers under Sec.156 (3) Cr. P. C. in a mechanical manner, the inherent jurisdiction under Sec.482 Cr. P. C. , has been suo motu invoked so as to quash the FIR as also the consequential proceedings arising therefrom.

2. The facts may be briefly noticed.

3. A complaint dated 3.1.2007 was instituted under Sec.156 (3) Cr. P. C. , inter alia, alleging that the petitioner had approached the complainant and his brothers to purchase the petitioners agricultural land measuring 19 kanal 8 marlas situated within the revenue estate of Village kunthla; the complainant and his brothers agreed to purchase the said land @ Rs.36,000 per acre, therefore, an agreement to sell was executed between the parties on 10.10.1990; the petitioner, firstly, received rs.22,000 as earnest money and thereafter balance sale consideration of Rs.65,300 was als

















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