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2019 Supreme(P&H) 1347

ANIL KSHETARPAL
Rajesh Kumar – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Vivek Goyal, Adv., Karan Sharma, Adv., Dalel Singh, Adv., Manmohan Saroop, Adv.

JUDGMENT :

Anil Kshetarpal, J.

Present petition under Section 482 of the Code of Criminal Procedure has been filed bringing to the notice of this Court a disturbing trend, which is affecting justice delivery system.

2. Complainant-Respondent no.2 filed a complaint under Sections 420/406/506/120-B of the Indian Penal Code against petitioner-Rajesh Kumar and four others alleging that he was induced to enter into an agreement to sell and out of total sale consideration of Rs.80,00,000/-, Rs. 75,00,000/- was received on 02.05.2015. Thereafter, complainant-respondent no.2 came to know in 2016 that Rajesh Kumar-petitioner was neither having any power of attorney of Pinki to sell her share nor she has given any power of attorney to the petitioner. Assertions made in paragraph 10 of the complaint are extracted as under:-

    "10. That in May, 2016 the complainant came to know and inquired from Sub-Registrar Thanesar, District Kurukshetra that accused no.1-Rajesh Kumar is/was neither having any power of attorney of Pinki to sell her share in land measuring 24 kanals 5 Marlas nor she has given any power of attorney to Rajesh Kumar-accused No.1 and Pinki is the owner of 8 kanals in agricultural land

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