RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure has been filed bringing to the notice of this Court a disturbing trend, which is affecting justice delivery system.

(2.) Complainant-respondent no.2 filed a complaint under Sections 420/406/506/120-B of the Indian Penal Code against petitioner-Rajesh Kumar and four others alleging that he was induced to enter into an agreement to sell and out of total sale consideration of Rs.80,00,000/-, Rs. 75,00,000/- was received on 02.05.2015. Thereafter, complainant- respondent no.2 came to know in 2016 that Rajesh Kumar-petitioner was neither having any power of attorney of Pinki to sell her share nor she has given any power of attorney to the petitioner. Assertions made in paragraph 10 of the complaint are extracted as under:-

(3.) The aforesaid complaint remained pending. The complainant- respondent no.2 filed a fresh complaint under Sections 406/420/506 IPC, this time impleading only the petitioner as an accused. Same story with regard to agreement to sell, receipt of Rs.75,00,000/- out of Rs.80,00,000/- was repeated. This time, it was alleged that the complainant has now come to know in January, 2018 that the petitioner-accused had falsely disclosed to him about power of attorney executed by Pinki. The relevant part of the allegations are contained in paragraph 6, which is extracted as under:- "6.That now in January 2018 the complainant came to know that the above said accused falsely disclosed him as power of attorney of Pinki and as such he has falsely disclosed about the power of attorney and has obtained the amount falling as per the share of Pinki in the above said land and shop." This time, learned Chief Judicial Magistrate send the complaint to the concerned Station House Officer under Section 156(3) Cr.P.C. The order passed on 30.04.2018 is extracted as under:-