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2015 Supreme(All) 1206

SHAMSHER BAHADUR SINGH
PREM KISHORE – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
M.C. Singh and Dushyant Singh for the Petitioner; A.G.A. and Abhijit Kumar for the Respondents.

JUDGMENT

Hon’ble Shamsher Bahadur Singh, J.—By means of present criminal misc. petition, the petitioner seeks quashing of impugned orders dated 29.9.2014 passed by Additional Sessions Judge, Court No. 12 Bulandshahar in Criminal Revision No. 53 of 2013 (Prem Kishore v. State of U.P. and others) and 4.2.2013 passed by Sub Divisional Magistrate, Sikandrabad, Bulandshahar in Case No. 01 of 2013 (State v. Vipul Chaudhari and another [1st party] and Raj Kishor and nine others [2nd party]) under Section 145 and 146 Cr.P.C., P.S. Sikandrabad, District Bulandshahar.

2. The factual matrix of the case is as follows :

3. Admittedly the respondent Nos. 4 and 5 purchased undivided 2/15 share from Rampal and Banarasi (sons of Vishambhar Saini) through sale-deed dated 18.8.2012 of Khata No. 1052, Gata No. 928 area 2.048 hec. and Gata No. 935(M) area 0.942 hec. (total area 2.992 hec.) situated at Sikandrabad Dehat, Pargana and Tehsil Sikandrabad, District Bulandshahar. The name of the purchasers have been mutated in revenue record vide order dated 29.9.2012 passed by Tehsildar Sikandrabad. They moved an application dated 20.11.2012 under Section 145 Cr.P.C. against Raj Kishore and nine others (co-t




















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