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2019 Supreme(All) 2533

RAJUL BHARGAVA
Munna Lal – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
Shiv Nath Singh, Adv., Satyam Singh, Adv., Keshari Nandan Singh, Adv.

Judgement Key Points

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JUDGMENT :

Rajul Bhargava, J.

Supplementary affidavit filed by learned counsel for the applicants is taken on record.

2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Complaint Case No.3610 of 2016 (Chaman Kumar Satyarthi v. Shiv Kumar and others), pending in the court of Additional Chief Metropolitan Magistrate, Court No.3, Kanpur Nagar as well as summoning order dated 12.8.2016.

3. Heard Sri Shiv Nath Singh, learned Senior Advocate assisted by Sri D.P.S. Chauhan, learned counsel for the applicants, Sri Keshari Nandan Singh, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

4. In brief, the background of the case is that the opposite party no.2 moved an application under Section 156(3) Cr.P.C. before the C.M.M., Kanpur Nagar for lodging of F.I.R. against the applicants and two others, however, the same was treated as a complaint case by the Magistrate. It is alleged in the application that the cousin brother of opposite party no.2 and his wife Smt. Kamla Devi executed a sale deed of a joint property, a part of which belongs to his father by a registered sale deed

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