SANTOSH KUMAR GUPTA Vs. PREM NARAYAN SINGH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C has been filed by Party No.2 Santosh Kumar Gupta challenging the order dated 28.11.2013 passed by the 1st ASJ Singrauli (Waidhan) in Criminal Revision No.80/2013, wherein the order dated 27.8.2013 passed by Sub-Divisional Magistrate Singrauli, in Criminal Case No.2/145/2013, has been set aside and the case was remanded back to learned SDM to decide the same afresh after av opportunity to both the parties to adduce evidence.

(2.) The events which culminated to give rise the present case are in brief like this : an agreement was entered into by the petitioner Santosh Kumar and Respondent No.1 Prem Narayan Singh to sell out Plot No.103 area 30 x 50 ft. situated at Singrauli at a price of Rs.15 lacs. Rs.5 Lacs was given at the time of agreement in advance and remaining Rs.10 Lacs was to be paid within a period of three years. This part is not disputed by any of the parties.

(3.) It is claimed that the respondent Prem Narayan was the lease holder, a complaint was filed by the respondent on 3.1.2012 against the petitioner. Police Singrauli filed istagasha No.2/145/2013 before the SDM on 3.1.2012. Writ Petition No.6642/2012 was preferred by the respondent Prem Narayan before this Court. A coordinate bench of this high Court vide order dated 15.5.2012 directed the Respondent No.1 Municipal Corporation Singrauli to decide the mutation without entering into the controversy on merit, in accordance with law, after hearing all concerning parties within a period of two months. Application filed before the Municipal Council, Singrauli, was decided on 16.7.2012, wherein the entry of name of the petitioner Santosh Kumar has been directed to be made in Plot No.103.