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2005 Supreme(MP) 46

S.L.JAIN
Harendrajeet Singh Babbu – Appellant
Versus
Gurubux Dhanoya – Respondent


Advocates:
Dr. Sardar Rajendra Singh, S.K. Verma with A. Singh for petitioners; Hamid Khan for respondents.

JUDGMENT

This order shall govern the disposal of this petition as well as M.Cr.C. No. 6828/02 (Smt. Harjinder Kaur Chukkal v. Gurubaksh and another), as they arise out of the same order and have been filed for quashing the proceedings in the same Criminal Case No. 599/02, pending in the Court of J.M.F.C., Jabalpur.

Facts leading to the filing of the petition succinctly narrated are thus:-

(i) Gurubaksh Singh and Jeet Singh, the respondents in both the petitions filed a complaint before J.M.F.C., Jabalpur, stating inter alia that they are permanent residents of Canada. Their another brother Ratan Singh also resides at Canada. All the three brothers migrated to Canada about 30 years ago. Earlier they were residents of Jabalpur. Their fore-father Sardar Jagat Singh had acquired certain property at Jabalpur. After his death, the property devolved on his three sons i.e. complainants and Ratan Singh. Their names were also mutated in the revenue records.

(ii) Petitioner of M.Cr.C. No. 6828/02, Smt. Harjinder Kaur, is the sister-in-law of Ratan Singh. Ratan Singh executed a power of attorney for his property in her favour on 25.8.1997. This power of attorney did not authori

















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