NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition has been preferred under Sec. 482 Cr. P.C. for quashing of the order dtd. 22/1/2020 passed by learned Additional Chief Judicial Magistrate, Karnal,(Annexure P-4), whereby the application filed under Sec. 311 Cr. P.C. had been partly declined.

(2.) In nutshell, the case of the petitioner is that the FIR No. 83 dtd. 4/2/2014 under Ss. 406, 420, 467, 468, 471, 506, 120-B IPC was got registered at Police Station Sadar, Karnal, (Annexure P-1) by the petitioner on account of fraud being played by the accused by selling nontransferrable land to him on the basis of forged documents. As per the complainant- Naresh Kumar, (the present petitioner), the accused, namely Kishore Singh, and his wife, namely Rajkumari Singh, had shown him the jamabandi and the site plan of the land and finally the deal was settled for Rs.19,04,000.00 with the accused and Rs.12,12,000.00 with his wife and the complainant paid Rs.50,000.00 each to them as earnest money and thereafter an agreement to sell dtd. 13/7/2012 was executed. Later, the complainant paid another sum of Rs.1,50,000.00 each to them as earnest money. The other accused also actively participated in the said transaction. Thereafter, the sale deed was executed in the office of Sub Registrar, Jabalpur. As per the petitioner, when he applied for getting the mutation entered, he was informed by the Patwari that the said land was non-transferrable and the seller had no right to get this land sold. On the basis of the complaint, the case was registered. After completion of the investigation, challan was presented in the concerned Court and the trial commenced.

(3.) During the course of trial, the learned Additional Chief Judicial Magistrate, Karnal, dealing with the case, closed the evidence of prosecution by order on 16/12/2019 (Annexure P-2).