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Rajpal Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 1591 of 2007 [2007] RD-AH 2268 (12 February 2007)


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Hon'ble  R.C.Deepak, J.

Hon'ble S.C.Nigam, J.

Heard learned counsel for the petitioner,   learned A.G.A. for the State and perused the record.

It is contended by the learned counsel for the petitioners that the petitioner is the bonafide seller of the land and executed sale deed in favour of the respondent no.3. No mutation took place and false allegation has been made in the impugned FIR.

On the other hand, learned AGA submits that a perusal of the impugned FIR would indicate that the petitioner realised the cost of more land and executed sale deed of lesser part and a panchayat took place between the parties and the petitioner agreed to execute the sale deed of the remaining portion of the land but he did not act accordingly.

At this stage, learned counsel for the petitioner submits that the petitioner is ready to execute the sale deed of the remaining part of the land.

Considering the facts and circumstances of the case, issue notice to respondent no.3 to file counter affidavit within three weeks. Same time is given to the investigating officer for the purpose.

List on 12th March 2007.

The investigation of case crime no. 16 of 2007 under Section 467, 468, 469, 420 IPC PS Dadon Distt. Aligarh shall go on but the arrest of the petitioner shall not be effected till the date fixed, provided the petitioner executes the sale deed of the remaining part of the land within ten days  from today in favour of the respondent no.3 and co-operates with the investigation.

In case the direction issued by this court, as indicated above, is not fully complied with by the petitioner within ten days, the stay order granted in his favour shall be deemed to have been withdrawn.  

Dt/- 12th February, 2007



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