MRITUNJAY CHATURVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure challenging the whole criminal proceedings including the order dated 18.6.1999 passed by the Judicial Magistrate 1st Class, Muzaffarpur in Complaint Case No. 696 of 1999 whereby cognizance has been taken against the petitioner along with other accused -persons under Section 420/120 -B of the Indian Penal Code.

(2.) THE opposite -party No. 2 filed the above mentioned complaint case alleging that he has no son besides two daughters alone who are residing at Kanpur. On being approached by this petitioner along with S.K. Sharma, Ramesh Bhagania and Mrs. Shashi Gupta, the complainant had agreed to purchase a flat at Kanpur and the accused persons including the petitioner had posed themselves to be engaged in the business of building flats. According to the complainant, he paid huge amount towards the consideration of the flat in the name of accused No. 3 Mrs. Shashi Gupta and according to him practically all amounts towards the price of the flat to the tune of Rs. 7,70,000/ - had been paid by the complainant but afterwards when the flat was ready for delivery, the same was sold to some others cheating the complainant. He lodged the complaint petition with such allegations and also it appears that the complainant had filed a suit against the accused persons too. In support of the complaint in the process of enquiry under Section 202 of the Code of Criminal Procedure, statements of the witnesses have been recorded and on the basis of the allegations made in the complaint petition being supported by the witnesses cognizance has been taken against all the accused persons including the petitioner under Section 420/120 -B of the Indian Penal Code.