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2019 Supreme(All) 1787

RAM KRISHNA GAUTAM
Kishan Lal @ Singh Bhadauriya – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Mahesh Chandra Tiwari, Kiran Tiwari

JUDGMENT :

1. Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

2. The applicants Kishan Lal @ Singh Bhadauria and Mukesh Kumar Gupta, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash entire proceedings of Complaint Case No. 1663 of 2017, Padam Chand Jain Vs. Kishan Singh Bhadauriya and others, under Sections 406, 420, 120B, 504, 506 I.P.C., P.S. Naie Kee Mandi, district Agra, pending in court of Special C.J.M., Agra, including summoning order dated 20.3.2018 passed by Court of Special C.J.M., Agra.

3. The contention of learned counsel for the applicants is that there has been four years delay in filing above complaint. This was a concocted one and in registered sale deed, payment of sale consideration, was admitted by complainant. Subsequently, in utter connivance, this complaint was filed. Whereas there is variance in the statements recorded during enquiry made u/s 200 and 202 Cr.P.C. Even then the impugned order of summoning has been passed. Hence this application with above prayer.

4. Learned A.G.A. has vehemently opposed above argument.

5. Having h

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