SHISHIR KUMAR CHAKRABORTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order of taking cognizance, dated 26-6-1986, pawed by the Chief Judicial Magistrate, Ranchi whereby and where-under he had taken cognizance of the offence under Section 420 of the Indian Penal Code in the following circumstances:

(2.) IT appears that opposite party No. 2 had filed a case under Sections 420 and 120-B of the Indian Penal Code which was registered as complaint case No. 43 of 1986 on an allegation that these petitioners, in conclusion with accused No. 1 who is not a petitioner, had committed the alleged offence. The allegation was that accused No. 1 Jyoti Prakash had agreed for selling of plot No. 424 of village Tiril and in consideration of that he had received Rs. 3,000 as consideration amount and had executed an agreement on 22-2-1984 and thereafter in spite of his offering full consideration of Rs. 12,000 he declined to execute the sale deed and contracted with other party and ultimately sold the land to some other person and therefore, he was cheated and as such a petition of complaint was filed by him. The learned Magistrate by the impugned order has taken cognizance under Section 420 of the Indian Penal Code which is being challenged in this application.

(3.) ON reading the compliant petition which is Annexure-1, it appears that he has made a definite allegation in paragragh 1 that by a virtue of the agreement he wanted to sell him share. There is no mention that any of these petitioners had agreed to sell his land or share or they had done anything in consideration of sale of that land. The learned Magistrate on consideration of the facts took cognizance under Section 420 of the Indian Penal Code only. Therefore, the allegation that they bad conspired is not borne out from the complaint petition or by the order taking cognizance.