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1993 Supreme(P&H) 245

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 Complaint :Mr. S. P. Laler, Advocate.

JUDGMENT

A S. Nehra, J. - This revision petition is directed against the order dated 18th 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, H.C.S., Judicial Magistrate Ist Class, Jagadhri were set aside.

2. The facts of the case are that Mangal Sain Malik, brother of the petitioner lodged FIR No. (sic) on 26-5-1991 at Police Station, Jagadhari under Section 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, Yamunanagar, vide registered deed dated 20-6-1986, 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 18.7.1989 on arbitration argument was entered into amongst the 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/13-977 which I alongwith my brother Bodh































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