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2013 Supreme(P&H) 911

Sabina
Ashok Gupta – Appellant
Versus
Devender Singh – Respondent


Advocates:
For the Petitioner:Mr. Karan Pathak, Advocate for Mr. Madan Gupta, Advocate.
For the Respondent No.1:Mr. R.K. Matoo, Advocate for Mr. Sameer Sachdeva, Advocate.
Mr. Gaurav Dhir, DAG, Haryana.

JUDGMENT

Mrs. Sabina, J. Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.108-I dated 29.3.2011 titled ‘Devender Singh vs. Ashok Gupta’ under Section 420, 406, 120-B of the Indian Penal Code, 1860 (IPC for short), Police Station Civil Line Hisar (Annexure P-1) and all the subsequent proceedings arising therefrom including summoning order dated 5.7.2011 (Annexure P-2).

2. Learned counsel for the petitioner has submitted that petitioner was neither beneficiary nor signatory to the sale deed in question. The property in question was owned by Saroj Devi and had been sold by her through her attorney. Petitioner had been falsely involved in this case.

3. Learned counsel for respondent No.1, on the other hand, has submitted that the petitioner was the main accused and had shown the property in question to the complainant and had allured him to buy the same, although, it was in possession of the tenant.

4. Case of the complainant, as per the complaint (Annexure P-1), in brief, is that the petitioner was on visiting terms with the complainant for the last 3-4 years. Petitioner told the complainant that he
















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