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Niranjan Das & Others v. State Of U.P. & Others - APPLICATION U/s 482 No. - 23469 of 2007  RD-AH 16163 (1 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble M. K. Mittal, J.
Application under Section 482 Cr.P.C. has been filed to quash the proceedings in criminal case no. 5493 of 2007 (Case Crime No. 43 of 2007) (State Vs. Niranjan Das and others) under Sections 420, 467, 468, 471, 120 B IPC pending in the Court of C.J.M., Saharanpur.
Heard learned counsel for the applicants, learned A.G.A. and perused the material on record.
Learned counsel for the applicants wants to delete opposite party no. 2. He is allowed.
Contention of learned counsel for the applicants is that opposite party no. 2 is alleged to have obtained the agreement to sell from Furkan, Smt Naseema and Idrish. But it appears that no sale deed was executed in his favour. Only agreement to sell does not transfer the trifle.
In the circumstances, notice be issued to opposite party no. 2 to file counter affidavit if any, within four weeks. Thereafter rejoinder affidavit be filed within one week.
List on 12.11.2007 for further hearing. Till then further proceedings in the above noted case shall remain stayed.
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