NIRANJAN KUMAR DOSI Vs. STATE

JUDGEMENT

(1.) THE instant petition under Section 482 Cr. P. C. is directed against the order dated 13. 4. 2006 passed by the learned Special Judge (Sati Nivaran), Jaipur-cum-Addl. Sessions Judge, Jaipur in Criminal Revision No. 191/2005 whereby the revision has been dismissed and the order dated 9. 3. 2004 passed by the learned Addl. Chief Judicial Magistrate No. 4, Jaipur City, Jaipur framing charge under Section 420 IPC has been upheld.

(2.) THE relevant facts are that one Kesari Singh Duggad lodged a report at P. S. Bani Park, Jaipur for the offence under Section 420 IPC against the petitioner and others with the allegations that they practised deceptions on him by falsely assuring him that they would get a land situated near Anasagar in Ajmer purchased and thereby obtained various cheques in the names of several persons amounting to a total Rs. 4,56,400/-, but they did not get the said land transferred to him and instead sold the plots of the said land to various people on the basis of documents got executed from him. On the basis of the said report, a case for the offences under Sections 420, 467 and 468 IPC was registered, but it appears that the parties entered into a written agreement on 3. 11. 1995 on the basis of which negative final report was submitted on 8. 11. 1995. THE complainant, however, filed a protest petition on 1. 5. 1997. After recording of the statements under Sections 200 and 202 Cr. P. C. , cognizance was taken against the petitioner and others for the offence under Section 420 IPC vide order dated 9. 3. 2004 and charge was also framed against them for the said offence which order was challenged by way of revision petition before the learned court below which was dismissed as indicated above. Hence, this petition.

(3.) IN this view of the matter, therefore, neither this petition under Section 482 Cr. P. C. is maintainable nor there is any pith and substance in the petition so as to call for and justify exercise of inherent powers of this Court under Section 482 Cr. P. C.