DAYA SHANKAR PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of complainant opposite party No. 2.

(2.) This is an application under Section 482 of the Criminal Procedure Code seeking quashing of order dated 23.02.2006 passed by VIIIth Sessions Judge, Muzaffarpur, in Criminal Revision No. 152 of 2004 setting aside order dated 26.08.2004 in Complaint Case No. 478/2004 passed by Sri S.K. Jha, Judicial Magistrate, 1st Class, Muzaffarpur, dismissing the Complaint Case No. 478/2004 after inquiry.

(3.) The relevant facts of this case is that opposite party No. 2 preferred complaint case No. 478/2004 before the Court of S.D.J.M. (West) Muzaffarpur alleging therein that on 16th March 2003 there was an agreement between him and the accused for sale of land of Khata Nos. 2812, 3166 and 1955 respectively for an area of 9 decimals, 66 decimals and 92 decimals for a sum of Rs. 1,93,000/ - out of which 1,43,000/ - was paid in advance in different phases (details is missing). But in spite of repeated requests the petitioner did not received remaining Rs. 50,000/ - and execute deed of transfer. The complainant further apprehends that some papers under his signatures may be misused by the petitioners from whom other lands were purchased earlier by the complainant.