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Need to resolve issue with seller


07-Jun-2023 (In Criminal Law)
Dear sir if FIR is registered in 156(3) now the case is I have a registered deed of 1971 and their is also one more registered sale deed of 1975 of the same plot.on the bases of 1975 Some one has transfered my plot .to my subtend .the subtanent say on seeing he do the registery .we file 156(3)to the subtantant and book in 467,468,420,120b.my saying is we don't know who is the seller its the purchaser who commit the crim.as they r the party in civil suit on the same plot,stay order is their still they ignore the orders,newspaper publision is their in their name..in high court they get bail and they file 482 for quasing FIR.their argument is that they have purchase the plot seeing the registeries if anyone is to blame the sell is to blame not they our saying is that though its registered deed but we don't know from whom they purchase hence the purchaser is to b blame as he is the party and main accused in the case .bot hav registered deed my1971&there1975.how strong is their 482.
Answers (1)

Answer #1
655 votes
Under section 482 of crpc high court can not decide the point that sale deed of subtenant is fake and bogus that point only can be decided by the civil court that sale deed of subtenant is fake that is why high court should not decide the case in fevour of subtenant. so mostly high court will reject the case under section 482.
You take the information from the registrar office about the sale deed of subtenant and find out who is the seller of your plot subsequently to the subtenant.
I will advice you that in such cases mostly seller has criminal liability not purchaser, for that purpose you must hae evidence that the sale deed of subtenant is fake and bogus.

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