Supreme Court · 2009 INSC 738 · Decided 6 May 2009
Devendra &ORS. v. State of U.P. & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 738 · [2009] 7 S.C.R. 872
- Case number
- CRIMINAL APPEAL No. 940/2009
- Decided
- 6 May 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 467, 468, 469, 464; CrPC Section 482; CPC Section 11; Constitution
Headnote
Penal Code, 1860 - ss. 420, 467, 468 and 469 - Civil litigation between co-sharers regarding extent of their shares - One of the parties selling a portion of the suit property to • c third party - Other litigating party filing complaint alleging -cheating and forgery- FIR lodged - Petition investigation cognizance of the offences taken by Magistrate - Petition for quashing the criminal proceedings dismissed - On appeal, held: Execution of sale D deed of the property claiming title to which the vendor was not entitled, would not, on facts, amount to cheating or forgery - Proceedings
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