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2024 Supreme(All) 1039

SAURABH SHYAM SHAMSHERY
Anuj Gupta – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Akash Mishra Counsel
For the Opposite Party : G.A., Manoj Kumar Singh, Rishi Kant Singh Chauhan

JUDGMENT :

Hon'ble Saurabh Shyam Shamshery, J.

1. In the present case parties have negotiated to execute a sale deed with regard of certain plot. Complainant in pursuance of negotiation has paid some money in advance. After much negotiation finally a sale deed was executed by applicants in favour of wife of Complainant. However, the dispute remained about adjustment of some money.

2. It is further revealed from facts of present case that parties have further negotiated to execute another sale deed and finally a sale deed was prepared. However, again a dispute arose with regard to area of land. According to Complainant it ought to be 17x70 sq. ft. whereas as per applicants the area was about 8x70 sq. ft. and ultimately sale deed was not executed. It was alleged by Complainant that neither sale of larger area was executed nor money was adjusted nor it was returned back.

3. In aforesaid circumstances, Complainant filed an application under Section 156(3) Cr.P.C. alleging above referred allegations and that when Complainant asked to applicants to return the money which was not adjusted, they extended threats.

4. Aforesaid application filed under Section 156(3) Cr.P.C. was considered as

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