MAHADEO PRASAD BARANWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Opp. Party No. 2. This application has been filed for quashing of the order dated 10.03.2008 passed in Deoghar (Town) P.S. Case No. 230 of 2007 whereby and whereunder, cognizance of the offences punishable under Sections 420 and 406 of the Indian Penal Code has been taken against the petitioner.

(2.) The case of the complainant is that he approached the petitioner, a leading land dealer, to purchase a piece of land from the portion of the land called "Uma Samittee". Since the petitioner was a leading land dealer, the complainant agreed to purchase a piece of land, measuring 870 sq. ft. @ Rs. 750 per sq. ft. and for that, a sum of Rs. 1,50,000/- was paid to the petitioner. Thereafter, when the complainant approached the petitioner to execute the sale deed, the petitioner avoided it on the pretext that he would be selling the entire land of "Uma Samittee" on the same day. Whenever purchasers would be available, he would be informing him and on that day, he would execute the sale deed. Contrary to his promise, the complainant came to know that the said land has been sold to someone else and, therefore, the complainant did approach the petitioner to refund the money but the said money was not refunded.

(3.) On such allegation, the complaint was lodged as P.C.R. Case No. 277 of 2007. The said complaint was sent to the concerned police station for its institution and investigation. Accordingly, it was registered as Deoghar (Town) P.S. Case No. 230 of 2007 under Section 420 of the Indian Penal Code.