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High CourtsSingle Bench(2011) 02 UK CK 0019

Jagat Bhusan Batra and Bharat Bhusan Batra vs State of Uttarakhand and Balwant Singh Director Balaji Mushrom Pvt. Ltd.

Uttarakhand High Court · Decided on 17 February 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application (C482) No. 104 of 2011
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Judgment

5 paragraphs · 197 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioners have sought quashing of the proceedings of Criminal case No. 1539 of 2010, State v. Neeta Batra and Ors., relating to offence punishable u/s 420 IPC, Police Station Bhagwanpur, District Haridwar.

3.

Learned Counsel for the Petitioners submitted that Petitioners are ready to sell, and perform their part of contract and to transfer the land for which the agreement was signed with the complainant. On the other hand, learned Counsel for the Respondent replied that the complainant has been cheated of more than Rs. 1.92 crores, and for last several years the Petitioners are making the complainant to run from pillar to post.

4.

The factual disputes are raised before this Court on behalf of the Petitioners, and this Court is not inclined to go into the factual disputes of the matter in its jurisdiction u/s 482 Code of Criminal Procedure.

5.

Therefore, without expressing any opinion as to final merits of the case, the petition u/s 482 of Code of Criminal Procedure, is dismissed. (Stay application No. 86 of 2011, stands dismissed).