KARAN SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This petition under Sec. 397 read with 401 Cr. P.C. is preferred to assail validity, correctness and propriety of the order dated 27.02.2007 passed by learned Additional Sessions Judge Bali accepting a revision petition preferred by the respondents No. 2 and 3 to quash the order dated 31.10.2006 passed by learned Judicial Magistrate 1 st Class, Sumerpur framing charges against them punishable for the offences under Sections 420 and 406 IPC.

(2.) In brief, facts of the case are that on 22.05.1995 the respondents No. 2 and 3 executed a written agreement in favour of the petitioner to sale their part of agricultural land with the consideration of Rs. 2,25,000.00 and against that received a sum of Rs. 1,20,000/ - in cash from the petitioner. The rest amount of Rs. 1,05,000.00 was also received by them from the petitioner on 24.05.1996. In the agreement executed on 22.05.1985, it was specifically accepted by the respondents No. 2 and 3 that the land in question is having no encumbrance and, thus, they were having all rights to sale the same without hindrance. The agreement was not performed and ultimately it revealed that as a matter of fact the land in question was mortgaged with Punjab National Bank Branch, Sheoganj. The petitioner then lodged a first information report to Police Station Sumerpur in district Pali.

(3.) After regular investigation a police report was filed against froth the respondents for the offences punishable under Sections 406 and 420 IPC. Learned Judicial Magistrate 1st Class, Sumerpur by an order dated 31.10.2006 on basis of police report framed charges against the respondents under Sections 420 and 406 IPC. The order aforesaid was challenged by the respondents No. 2 and 3 by way of filing a revision petition before learned Additional Sessions Judge, Bali and that came to be accepted by order dated 27.02.2007 setting aside the order dated 31.10.2006 and discharging the respondents No. 2 and 3 from the charges relating to offences punishable under Sections 420 and 406 IPC, hence this revision petition is preferred.