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2023 Supreme(All) 1196

PRAKASH SINGH
Furhe Khan @ Fakir Mohammad Khan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mohan Singh, Rajesh Singh
For the Opposite Party : Suresh Chandra Srivastava

JUDGMENT :

1. Heard Sri Mohan Singh, learned counsel for the applicant, Sri Suresh Chandra Srivastava, learned counsel for opposite party no. 4, Sri Nirmal Kumar Pandey, learned A.G.A. for the State.

2. Instant application has been filed with prayer to quash the impugned proceedings of Computerized Case No. T201808620302227, State of U.P. Vs Akhtar & others U/s 145 Cr.P.C pending in the court of Sub-Divisional Magistrate Jamunha, P.S. Malhipur, District Shravasti as well as the impugned order dated 05.08.2019 passed by the learned Additional Sessions Judge/Fast Track Court-II, Shravasti, in Crl. Revision No.70/2018, Furhe Khan & others Vs State of U.P. & others, and impugned orders dated 11.07.2018 (U/s 145 Cr.P.C.) & 11.07.2018 (U/ss-145/146 Cr.P.C.) passed by the opposite party no. 2.

3. The factual matrix of the case is that the land Gata No. 2 measuring area 1.5830 hectares situated in Patpar Ganj, Tehsil-Jamunaha District-Shravasti was recorded in the name of the applicant and the opposite party no. 5, in the revenue record. On 22.10.2016, the opposite party no. 5 transferred his share to opposite party no. 4 by way of executing a registered sale deed and thereafter, the same was

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