ABDUL HAMEED Vs. BUDHOO

JUDGEMENT

(1.) List revised. None appears for the revisionist. Heard Sri P.N. Mishra, learned counsel for the opposite parties and learned Additional Government Advocate for the State.

(2.) The revisionist has challenged the order passed by Special Judge, Bijnor allowing the revision preferred by the accused and setting aside the order passed by Judicial Magistrate, Nagina refusing to discharge the accused and proceeding to frame charges against them.

(3.) The complaint case is that accused Budhoo and others entered into agreement to transfer their share in the holdings to the complainant Abdul Hameed. They, however, did not transfer the property in pursuance of the agreement and instead transferred their share in the holding to a third person, who happened to be son of Abdul Shakoor. On this allegation the complainant filed a complaint contending that by transferring their share in the holding, which the accused had agreed to sell to the complainant, they committed an offence punishable under Sec. 420 and 406 I.P.C.