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2016 Supreme(All) 353

BHARAT BHUSHAN
PHOOLMATI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
V.S. Srivastava, L.P. Tiwari, Vishnu Swaroop, Ram Sheel Sharma and Prakash Chandra Tiwari for the Applicants; A.G.A. for the Respondents.

JUDGMENT

Hon’ble Bharat Bhushan, J.—Both these applications under Section 482 Criminal Procedure Code (in short, Cr.P.C.) stem from two different charge-sheets bearing numbers 199 of 2007 and 199-A of 2007 arising out of same Case crime No. 302 of 2007, Police Station Padrauna, District Kushi Nagar whereby applicants Moti Chand (vendor), Bhadai (margin witness), Jagan Nath (margin witness) and Satya Narain Shah (husband of purchaser have been charge-sheeted under Sections 419, 420, 467, 468, 471 Indian Penal Code (in short, IPC) and Section 82 of Registration Act, 1908 (in short, Registration Act) Police Station Padrauna, District Kushi Nagar.

2. It appears that applicant No. 2 Moti Chand sold his half share out of his agricultural property bearing plot No. 202 to applicant No. 1 Phoolmati located at northern side of whole plot. Applicant No. 3 Bhadai and applicant No. 4 Sri Jagan Nath acted as margin witnesses of the said sale-deed. It is stated that vendor Moti Lal (applicant No. 2) belongs to scheduled caste category and therefore, he was required to seek permission of the Collector to sell the said property in favour of applicant No. 1 Smt. Phoolmati, who does not belong to sche




















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