RAJESH SAINI Vs. ATTAR SINGH
HIGH COURT OF UTTARAKHAND
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(1.) None has turned up on behalf of the respondent despite sufficient service. Hence, this Court has rendered hearing to Mr. RKS Verma, Advocate, for the applicant. Also perused the papers on record.
(2.) Respondent Attar Singh filed a criminal complaint case in the court of CJM, Haridwar against Maroof, Maqsood, Murad Ali and Rajesh Saini for the offences under Section 323, 504, 506, 406, 420 IPC. The genesis of this incident allegedly occurred on 17.9.2007 at 11 am because of the failure of accused persons to execute the sale deed wherefor an unregistered agreement to sell was executed.
(3.) Learned trial court has rightly held that basically it is a civil dispute, but so far as the alleged incident of 17.9.2007 is concerned, it is a criminal one. In para 2 of the complaint, it has been stated that the said incident was reported to SSP, Haridwar by post on 23.7.2007. So, it is very ridiculous that an incident which allegedly occurred on 17.9.2007 was reported two months prior thereof on 23.7.2007. Hence, it is evident that this complaint is quite misconceived and the prosecution cannot be permitted in these circumstances.;
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