LAWS(UTN)-2008-3-132

BIJENDRA PAL Vs. STATE OF UTTARAKHAND

Decided On March 20, 2008
BIJENDRA PAL SANDAL SINGH Appellant
V/S
SATEYENDRA TEHJPAL Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. Admit the petition. Notice on behalf of Respondents No. 1 is accepted by Sri M. A. Khan, learned brief holder, who prays for and is allowed three weeks4 time to file counter affidavit. Issue notice to Respondent No. 2-Sateyendra, who may file his counter affidavit within a period of three weeks. Also heard on the stay application.

(2.) BY means of this writ petition, the petitioner has sought quashing of the first information report dated 12/12/2007 lodged by Respondent No. 2 which is registered as Case Crime No. 169/2007 relating to offences punishable under Sections 420/467/468 I. P. C. at Police Station Bahadarabad, District Hardwar, under the orders of the Magistrate u/s 156 (3) Cr. P. C.

(3.) LEARNED counsel for the petitioner submitted that he is a bonafide purchaser of the land in question. It is further argued that the will of the year 2000 and the registered sale deed of the year 2002, is being questioned after a period of more than five years. The parties are already under litigation before the civil court in a civil suit since 2002. It is contended that it is abuse of process of law.