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2016 Supreme(All) 42

BHARAT BHUSHAN
PADMA JAIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ravindra Nath Rai, Ashok Kumar Rai, Atul Kumar and Nipun Singh for the Revisionists; A.G.A., Onkar Singh, Pankaj Bharti, Pavan Kumar Mishra and Vinay Sharma for the Opposite Parties.

JUDGMENT

Hon’ble Bharat Bhushan, J.—By means of this criminal revision, the revisionists have prayed for setting aside the order dated 13.3.2013 passed by Chief Judicial Magistrate, Muzaffar Nagar in Criminal Case No. 1362/9 of 2013 (State v. Padma Jain and others) arising out of Case Crime No. 1149 of 2011, whereby the learned Magistrate took cognizance under Section 420 IPC, P.S. Kotwali, Muzaffar Nagar, District Muzaffar Nagar.

2. It appears that Ms Padma Jain purchased one warehouse (godown) by way of registered sale-deed dated 7.2.2011. It is alleged that vendor and vendee showed this constructed warehouse (godown) as a vacant plot in order to evade stamp duty and thereby caused revenue loss to the Government exchequer. One Subodh Kumar Jain, respondent No. 2/complainant lodged an FIR despite the fact that he was not the party to the said transaction in any manner. This FIR was registered on 1.11.2011 at P.S. Kotwali Muzaffar Nagar vide Case Crime No. 1149 of 2011, under Sections 420,467,468,471,379 IPC and 120-B IPC. The matter was investigated and the Investigating Officer initially submitted the final report in the matter on the premise that the dispute relates to the evasio




















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