DILIP MAHTO Vs. STATE OF BIHARLABIC

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 31.03.2014 passed by the Sub Divisional Judicial Magistrate, Patna City, in Complaint Case No. 247 of 2014 by which the learned Magistrate after holding enquiry has found prima facie case against the Petitioner and another accused for the offence under Section(s) 323, 379, 406, 420, 504 Indian Penal Code.

(2.) Prosecution case as per the Complaint filed by one Ghazala Perveen is that accused Maheshwar Mahto and Dilip Mahto talked with the Complainant and her husband with regard to purchase of 79 decimal land of Plot No.1652 situated in Pahari Mouza and assured them that the land, in question, have been allotted to them in partition and also showed mutation order and receipt. It is further alleged that the accused persons assured the Complainant that they will provide Khatiyan and papers related with partition. Both the parties agreed for sale and purcahse of the land for Rs.2,20,000/- per Kattha. The Complainant paid consideration amount of entire piece of land amounting to Rs.55,61,600/-. Both the accused persons executed power of Attorney in the name of the Complainant on the next day and also assured to give possession of the land. It is further alleged that the Complainant and her husband requested the accused persons several times to give possession of the land, but they always delayed and neither gave any Khatiyan nor any papers relating to partition of land.

(3.) The Complainant along with her husband and witnesses went to the house of the accused persons situated in Bari Pahari, P.S.-Agamkuan, District- Patna, and told the accused persons that they have received the amount of Rs.55,61,600/-, but neither Khatiyan nor papers relating to land has been provided to them upon which accused persons assaulted the Complainant and told the Complainant that Title Suit is pending in respect of land. The Papers have already been submitted in Court. It is further alleged that accused persons snatched lady's purse of black colour from the hand of Complainant containing rupees five thousand, papers, pen etc. The Complainant and her husband went to Agamkuan P.S. and stated all these facts to the Officer-in-charge of Agamkuan P.S., who advised to file complaint case in the Court.