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2012 Supreme(UK) 142

PRAFULLA C.PANT
VIRENDRA KUMAR SAINI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner:Mr. Parikshit Saini, Advocate
For the State : Mr. Shivanand Bhatt, Brief Holder
For the Respondent No. 2:Mr. S.K. Shandilya, Advocate

JUDGMENT

By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the order dated 31.05.2011, passed by learned Sessions Judge, Hardwar, in Criminal Revision No. 89 of 2011, Umesh vs. State and another, whereby said court has set aside the order passed by the Magistrate under section 156 (3) Cr.P.C., directing the Police to register and investigate the case.

2. Heard learned counsel for the parties, and perused the various case laws referred by them.

3. Brief facts of the case are that an application under section 156 (3) Cr.P.C., was moved by the present petitioner Virendra Kumar Saini (registered as Criminal Miscellaneous application no. 27 of 2011) requesting the Magistrate to direct the Police to register the case. It was alleged in the application that Tata Indica car bearing registration no. UK08T0630 model 2009, was purchased by the petitioner from respondent no. 2 Umesh Kumar for an amount of Rs. 3,50,000/-. And in respect of that deal a cheque no. 0226022 dated 29.06.2010, for an amount of Rs. 85,000/- was given towards part of consideration for the vehicle. It was













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