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2009 Supreme(SC) 263

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
State of Punjab – Appellant
Versus
Inder Mohan Chopra – Respondent


Advocates Appeared:
For the Appellants:Rachana Joshi Issar and Shailendra Kumar, Advocates.
For the Respondents:Vijay Hansaria, Sr. Advocate, Sanjay Sarin, Samina Sheikh, Saneha, Abhinav Ramkrishna and Ashok Mathur, Advocates.

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.






















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