PREM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision petition under Sec. 397/401 Cr.P.C, the accused petitioner has challenged the order dated 4.7.2006. passed by Judicial Magistrate, Sri Vijay Nagar (for short 'the trial Court' hereinafter) whereby the trial Court framed the charge against the petitioner for the offence under Sec. 420 I.P.C.

(2.) I have heard learned counsel for the petitioner and Public Prosecutor for the State. Perused the order impugned as also record of the trial Court.

(3.) The facts and circumstances giving rise to the instant revision petition are that the first informant Gurdeep Singh lodged a report with Police Station, Sri Vijaynagar being F.I.R. No. 142 dated 6.5.2004 stating therein that he is having a brickyard at Chak 36 G.B. Murabba No.5. He entered into an agreement with the petitioner to take the sand for the bricks and labours in respect of the land at Chak 36 G.B. Murabba No. 27 Old 29 for a sum of Rs. 1,09,900.00. The possession of the land was given to the first informant and it is alleged that first informant paid Rs.59,900.00 at the first instance to the petitioner. The first informant has been using the land. However, now the first informant has been restrained by the petitioner by blocking the way.