2016 (11) TMI 1688

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....73 (for short 'the Code of Criminal Procedure') against the order of the trial court dated 16.08.2012. 3. The facts of the case in nutshell are the husband of the Respondent No. 2 herein executed an agreement to sell a plot (farmland) in favour of the Appellant No. 1 and also handed over the vacant possession of the plot. When the husband of the Respondent No. 2 failed to perform his part of the contract, the Appellant No. 1 filed a Suit seeking specific performance of the agreement to sell. It appears, in the meantime, the H.D.F.C. Bank issued auction notification as the husband of the Respondent No. 2 failed to make the loan payment. Then the Respondent No. 2 and the H.D.F.C. Bank were also added as Defendants to the Suit. Afte....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pass the order impugned is that there is an alternative remedy available to the Petitioner i.e. by way of revision Under Section 156(3) of the Code of Criminal Procedure. Hence, the jurisdiction Under Section 482 Code of Criminal Procedure cannot be exercised by indirect method when statutory remedy of revision is available. Hence, the High Court disposed of the application reserving liberty to the Appellants to take appropriate steps as are available in law and further directed to complete the investigation within three months from the date of the order. 7. The learned Counsel appearing for the Appellants relied upon the judgment of this Court in Dhariwal Tobacco Products Ltd. and Ors. v. State of Maharashtra and Anr. (2009) 2 SCC 370: ....