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2014 Supreme(All) 1723

ANIL KUMAR SHARMA
SAVITRI DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rajesh Kumar Singh for the Applicants; AGA for the Respondents.

JUDGMENT

Hon’ble Anil Kumar Sharma, J.—I have heard the learned counsel for the applicants and the learned AGA for the State and perused the papers filed along with the application.

2. This application seeks to quash the summoning order dated 27.8.2014 as well as proceedings of Complaint case No. 447 of 2014 (Harmun Tiwari v. Savitri Devi and others) under Section 419, 420 IPC, P.S. Tariya Sujan, District Kushinagar, pending in the Court of Chief Judicial Magistrate, Kushinagar.

3. It appears that the opposite party No. 2 has filed a criminal complaint on 22.3.2014 in the Court of the Chief Judicial Magistrate, Kushinagar against the applicants and three others contending that the predecessor-in-interest of applicants namely Shyam Sunder Tiwari had executed a registered sale-deed on 3.8.1995 in favour of Smt. Prabhawati wife of opposite party No. 2 in respect of his 1/3rd share in Arazi No. 176 area 0.644 i.e. 0.215 hectare situated in village Jhadva and delivered possession and since then the O. P. No. 2 is in possession thereof as his wife had died. It was further alleged that the applicants and three others named in the complaint inspite of having knowledge of the above sale tran




















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