NAGESHWAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 23.01.2013 passed by the Chief Judicial Magistrate, Saharsa, in Complaint Case No.172-C of 2011 by which the learned Magistrate after holding enquiry has found prima facie</i> case against the petitioners for the offence under Section(s) 147, 323, 341, 379, 504, 506/34 Indian Penal Code.

(2.) As per Complaint Petition, Complainant has a piece of land in Saharsa as mentioned in the Complaint Petition and the petitioners have contacted the Complainant for purchasing the same. The land was finally sold in favour of petitioner no.5. It is alleged that petitioner no.1 put bricks over the land to make construction. Petitioner no.1 went to the house of the Complainant after 1' month of the execution of sale deed and made demand of rupees two lac from the Complainant to make payment of Rangdari to Yadav people to which Complainant refused. They also misbehaved with Complainant and gave threat. It is further alleged that while the Complainant was returning by cycle from Saharsa, the petitioners surrounded him and assaulted him with fists and slaps and got his signature over the blank paper.

(3.) Counsel for the petitioners has submitted that correct fact is that there was talk between petitioner no.1 and the Complainant with regard to purchase of a piece of land as mentioned in the Complaint Petition. Petitioner no.1 believing the words of the Complainant had paid rupees ten lac to him, but sale deed was not executed by the Complainant and others on one pretext or other. The petitioners later on came to know that the land, which was to be sold in favour of the petitioners, was already sold earlier by the Complainant and he has cheated the petitioners and committed forgery with them.