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2013 Supreme(All) 2100

BHARAT BHUSHAN
SURJEET SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Mukhtar Alam and Shodan Singh for the Revisionists; A.G.A., Ved Byas Mishra and Vijay Mahendra for the Respondents.

JUDGMENT

Hon’ble Bharat Bhushan, J.—This revision is directed against the order dated 13.7.2011 passed by Additional Chief Judicial Magistrate, Court No. 5 Meerut in Complaint Case No. 797 of 2011 (Suresh Kumar v. Surjeet Singh and others) whereby the discharge application filed by the applicants-revisionists under Section 245(2) Cr.PC. was rejected.

2. The case in hand has its genesis in the application under Section 156(3) Cr.P.C. filed by the opposite party No. 2 on 20.1.2011 against the revisionists in the Court of Additional Chief Judicial Magistrate, Court No. 5, Meerut alleging therein that the revisionist No. 1 Surjeet Singh being the owner of a shop situated in Village Kishanpur, P.S. Hastinapur, District Meerut had executed a declaration/unregistered sale-deed dated 13.2.2008 of the said shop for a consideration of Rs. 1,50,000/- in favour of the complainant and since then he is in possession over the said said shop and is running a hardware shop under a license issued by the Zila Parishad Kshetra Samiti and is regularly paying the different taxes like water, electricity etc. It is further alleged in the application that the revisionist Surjeet Singh with an intent to grab
































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