ARIJIT PASAYAT, MUKUNDAKAM SHARMA
State of Punjab – Appellant
Versus
Inder Mohan Chopra – Respondent
Judgment:-
Dr. Arijit Pasayat, J.
1. Leave granted.
2. Challenge in these appeals is to the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing two petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.). Respondent had made prayer that the FIR No. 152 dated 12.7.2002 registered under Section 36 of the Punjab Apartment and Property Regulations, 1995 (in short the ‘Regulation) at police station Sultanwind, Amritsar, should be quashed. The complaint was filed on the premises that the total area alleged to have sold was 1861.16 Sq. Yards which was jointly held by four real brothers and the individual shares comes to 465.29 Sq. Yards. It was alleged that the accused persons had sold joint family property by conveying land into an unauthorised colony in violation of the provisions of the Act and each one of them was therefore guilty of offence punishable under Section 36 of the Act read with Section 120 (B) of the Indian Penal Code, 1860 (in short the ‘IPC). The respondents in the petition filed before the High Court stated that the individual shares come below 465.29 sq. yards and, therefore, there was no violation.
R.P. Kapur v. State of Punjab AIR 1960 SC 866
State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335
The Janata Dal etc. v. H.S. Chowdhary and others
Dr. Raghubir Saran v. State of Bihar and another AIR 1964 SC 1
Mrs. Dhanalakshmi v. R. Prasanna Kumar and others AIR 1990 SC 494
State of Bihar and another v. P. P. Sharma, I.A.S. and another 1992 Suppl (1) SCC 222)
Rupan Deol Bajaj (Mrs.) and another v. Kanwar Pal Singh Gill and another 1995 (6) SCC 194
State of Kerala and others v. O.C. Kuttan and others 1999 (2) SCC 651
State of U.P. v. O. P. Sharma 1996 (7) SCC 705
Rashmi Kumar (Smt.) v. Mahesh Kumar Bhada 1997 (2) SCC 397
Satvinder Kaur v. State (Govt. of NCT of Delhi) and another 1999 (8) SCC 728
Rajesh Bajaj v. State NCT of Delhi and others AIR 1999 SC 1216
State of Karnataka v. M. Devendrappa and another 2002 (3) SCC 89
State of Andhra Pradesh v. Bajjoori Kanthaiah and Anr. 2008 (11) JT 574
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