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1993 Supreme(P&H) 246

A.S.NEHRA
Bodh Raj – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashish Kapoor, Advocate.
For the Respondent: Mr. K.S. Godara, AAG, Haryana.
For the Complainant :Mr. S.P. Laler, Advocate.

JUDGMENT

A.S. Nehra, J. - This revision petition is directed against the order dated 18 September, 1991, passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhari by which the order dated 21.6.1991 passed by Sh. Sanjeev Jindal, HCS, Judicial Magistrate Ist Class, Jagadhari were set aside.

2. The facts of the case are Mangal Sain Malik, brother of the petitioner lodged FIR No. 166 on 6.5.1991 at Police Station, Jagadhari under Sections 420/467/471 and 120-B Indian Penal Code on the allegations which read as under :-

"That I am resident of House No. 612 Sant Pura Model Town, Yamuna Nagar, vide registered deed dated 20-6-86, one house bearing No. C/13-97 measuring 30 x 60 was purchased by me and my brother Bodh Raj from one Brij Lal s/o Karam Chand for sale consideration of Rs. 30,000/-. Thereafter on 18.7.89 an arbitration agreement was entered into amongst we three brothers i.e. I, Roshan Lal and Bodh Raj and Virender Malik my son and Rakesh malik s/o Bodh Raj. Agreement was reduced to writing and we all signed the same and we entered into possession of respective shares as owners. According to the agreement House No. C/13-97 which I alongwith my brother Bodh Raj had purchas































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