S.C.AGARWAL,J - (1.) HEARD learned Counsel for the petitioner and learned A.G.A. for the State.
(2.) THIS writ petition has been filed with a prayer to quash the order dated 16.2.2011 passed by Chief Judicial Magis­trate, Mau in criminal revision No. 138 of 2009 (Ashiq Ali v. Pheku and others). From the allegations made in the application under section 156 (3) Cr.P.C, it appears that the opposite party No. 2 agreed to sell the disputed property to the petitioner for a sum of Rs. 4000/- and a sum of Rs. 3000/- was paid as earnest money. When the sale-deed was not executed, the petitioner filed a suit against opposite party No. 2, which was decreed on 28.1.1997 on the basis of compromise. It was decided that opposite party No. 2 would execute the sale-deed of the property within 15 days failing which the petitioner would be entitled to get the decree executed through Court.
(3.) NO execution was ever filed. The application was moved on the ground that on 1.1.2009, the opposite party No. 2 sold the property to third party and thus com­mitted fraud with the petitioner.;