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2014 Supreme(All) 1068

HARSH KUMAR
SENA BANEERJEE – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
G.S. Chaturvedi and Arun Kumar for the Revisionists; A.G.A. and Swati Agarwal for the Opposite Parties.

JUDGMENT

Hon’ble Harsh Kumar, J.—List has been revised.

Heard learned counsel for the revisionists and learned AGA for the State. No one appeared for opposite party No. 2 and 3.

This revision has been preferred against the order dated 18.3.2005 passed by Judicial Magistrate, Hasanpur, District J.P. Nagar summoning the revisionists for proceeding under Sections 406, 417 and 120B of Indian Penal Code.

2. The brief facts of the present case are that Saurabh Kumar Jindal filed a complaint case under Sections 120B, 405, 406, 147, 420 and 427 of IPC before the Judicial Magistrate, Hasanpur on 11.3.2005 for summoning the accused for trial, with the allegations that on 10.6.2004 the revisionists entered into a written agreement with the mother of the complainant, according to which they had to take on rent 238 square meters land of his mother, @ Rs. 6,000/- per month as license fee and a sum of Rs. 36,000/- was to be paid by the revisionists in advance for six months to be adjusted in one year. That the mother of the complainant got executed a sale-deed of 238 square meters land in her favour on 14.6.2004 from its owner on payment of Rs. 70,000/- as sale consideration and spent over Rs. 30,










































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