JAGJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this petition under Section 482 of the Code of Criminal Procedure Jagjit Singh, Vijay Kumar and Sanjay Kumar have sought the stay of criminal proceedings launched by institution of FIR No. 167 dated 9-6-1992 under Sections 419/468/471/506 of the Indian Penal Code, Police Station Sadar, Sirsa (Annexure P-4) pending in the Court of Illaqa Magistrate, Sirsa, during the pendency of Civil Suit (Annexure P-1) pending in the Court of Sub Judge Ist Class, Sirsa.

(2.) SHORT facts of this case are that Som Nath complainant respondent No. 2 entered into an agreement of sale of 80 kanals - 18 Marlas of agricultural land situated in the area of village Nattar, Tehsil and District Sirsa with jagjit Singh first petitioner who received Rs. 1,20,000/- as earnest mony and delivered physical possession of the said land to him in part performance of the contract. The sale deed had got to be executed and registered on November 15, 1992. Second respondent Som Nath having started negotiations to transfer the said land to other persons Jagjit Singh first petitioner instituted a suit (Annexure P-1) for a decree of permanent injunction restraining him from alienating the said land to any other person. On an application moved by him ad-interim injunction (Annexure P-2) was granted. The suit was contested by Som Nath respondent. He filed written statement (Annexure P-3). The relief of ad-interim injunction was extended till 5-8-1992, thereupon, Som Nath instituted FIR No. 167 dated 9-6-1992 under Sections 419/468/471/506 of the Indian Penal Code in Police Station Sadar, Sirsa (Annexure P-4).

(3.) LEARNED counsel for the parties have been heard.