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Syed Yaseer Ibrahim vs. State of Uttar Pradesh & Anr. (SC)

46.00 4.60

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Penal Code, 1860–Secs. 420–Criminal proceedings–Declined to quash–Justification–Claim of the appellant on the basis of gift deed whereas the second respondent claimed on the basis of a Will executed in his favour–Suit for declaration and possession filed by the respondent was dismissed on 13.10.2014–Appellant executed the sale deed on 24.11.2014 and the suit was restored on 21.04.2016–Dispute is of civil nature and the execution of sale deed during the pendency of suit may attract the doctrine of lis pendens–No element of criminality can stand attracted–Neither the FIR nor the chargesheet contain any reference to the essential requirements of Sec. 420–Chargesheet
qua the appellant is liable to be quashed.