I.M. Quddusi, J. - (1.) Heard learned Counsel for the petitioners and the learned Additional Government Advocate. By means of this application filed under section 482, Criminal Procedure Code the applicants have prayed for quashing of the charge sheet filed in Crime Case No. 30/90 as well as summoning order dated 11th December, 1991 passed by the Additional Chief Judicial Magistrate, Agra.
(2.) An F.I.R. was lodged at P.S. Etmaddaula, District Agra against the applicants and after submission of the charge-sheet a case was registered against them before the Additional Chief Judicial Magistrate, Agra as Case No. 1063 of 1991, State v. Pyare Lal and another .
(3.) In the F.I.R. it was mentioned that the applicants have executed sale- deeds in favour of the complainants just to get the amount of sale consideration by fraud as they had knowledge that the land, which was being sold out by them, would be acquired by the Agra Development Authority. Now, this is to be seen whether the applicants had any knowledge that the land would be acquired by the Agra Development Authority or not. Before this Court, there is a Notification issued under section 4 of the Land Acquisition Act. The date of notification is 28th February, 1989. The sale-deeds were executed on 27th April, 1987, 18th March, 1988 ands 31st March, 1988 i.e. near about one year prior to the issuance of the notification under section 4 of the Land Acquisition Act. This Court has not found anything by which an inference may be drawn that the applicants had knowledge prior to 28th February, 1989 that the land in dispute would be acquired by the Agra Development Authority.;