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2023 Supreme(All) 1318

ARUN KUMAR SINGH DESHWAL
Madan Mohan Sharma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anshul Kumar Singhal

JUDGMENT :

1. Heard Sri Anshul Kumar Singhal, learned counsel for the applicant and Sri Udai Bhan, learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings against the applicant in Complaint Case No. 2548, under Section 420 I.P.C., P.S. Hathras Gate, district-Hathras, pending in the court of Chief Judicial Magistrate, Hathras, as well as summoning order dated 19.12.2017.

3. The contention of learned counsel for the applicant is that applicant and opposite party no. 2 are the grandsons of late Netram Sharma, who during his lifetime executed a registered trust deed on 01.01.1945 and the father of the applicant was nominated as Manager of the aforesaid trust, thereafter a registered will deed dated 20.11.1974 was executed by late Netram Sharma, by which all managerial rights of the aforesaid trust was given to Sri Damodar Das (father of the applicant). It was further provided in the aforesaid will deed that heirs of Damodar Das will continue to manage the affairs of the trust. Subsequently, the opposite party no. 2 and his brother started putting their claim over the property of trust, denying the trust deed, as well as will date

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