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ABDUL JABBAR versus THE STATE


Section 561A Penal Code (XLV of 1860), section 420/468/471/506 charged with termination of proceedings / petitioner seeks to stop the proceedings against him. There is a contract to sell the land. In order to comply with respondent's pledge, he filed a special performance case in civil court in which defendant accused him of preventing the separation of property and interfering with his possession. The applicant had claimed that there could not be a case on the occasion of Civil AM. A lawsuit should be filed against him and it was only by the court that the sale agreement between the parties was forfeited as the defendant alleged that there was a contract to sell the land. Sheer fraud on the part of the accused / applicant who sought to deprive the defendant through misrepresentation and fraud and this fraud did not take place during the civil suit proceedings, but before such proceedings. The defendant / applicant's argument was barred from being unwarranted, as it was understood that it was only the court's arrest that could initiate criminal proceedings when it concluded. Fraud was indeed committed, the law never intended, civil litigation usually took too long and delaying such a criminal proceeding would frustrate the purpose of the law. There is no civil action pending in any court at the time of the commission. There was no ground to stop the prosecution of the accused on the fraud.

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