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2019 Supreme(P&H) 1425

RAJBIR SEHRAWAT
Haryana Waqf Board (earlier known as Punjab Wakf Board), through Shamsher Ahmed, Estate Officer, Jhajjar – Appellant
Versus
Mahabir Ahlabadi – Respondent


Advocates Appeared:
For the Petitioner:Mr.Manish Singh, Advocate for Mr. Gulam Nabi Malik, Adv.

JUDGMENT :

Rajbir Sehrawat, J.

This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of order dated 06.03.2019 (Annexure P-5) passed by Additional District Judge, Jhajar and order dated 02.02.2015 (Annexure P-4) passed by the Judicial Magistrate 1st Class, Bahadurgarh, District Jhajjar, whereby the respondents have been discharged in the criminal complaint

2. A perusal of the file shows that the petitioner-Haryana Wakf Board (hereinafter referred as, ‘Board’), claimed to be owner of khasra No.2166 Khewat No.351 situated at Bahadurgarh. The Board is further claiming that the respondents were the tenants under the Board. The Board has also filed civil suit and the same was decreed in favour of the Board. The appeal filed by the respondents was also dismissed. Whereafter, the Board has chosen not to initiate even the execution proceedings, as per the statement made by counsel for the petitioner. Subsequently, respondents are stated to have executed the sale deeds qua khara No.2214, which is situated across the road, opposite the land comprised in khasra No.2166. Upon this, Board had lodged FIR against the respondents; alleging that the sale deeds h

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