PRABHU NATH MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kundan Kr. Ambastha, learned counsel for the petitioner, Mr. Sunil Kumar Dubey, learned counsel for the State and Mr. Zafar Alam, learned counsel for the O.P. No. 2.

(2.) This petition has been filed for quashing of entire criminal proceeding including order taking cognizance dtd. 31/8/2012 passed by the learned Judicial Magistrate, Hazaribagh in Complaint Case No. 473 of 2011 whereby cognizance has been taken under Sec. 420 of the I.P.C., pending in the Court of learned Judicial Magistrate, Hazaribagh.

(3.) The complaint petition has been filed alleging therein that the petitioner entered into an agreement with the complainant on 6/4/2009 for sale of the land measuring an area of 40 acres comprised within plot no. 335 and the land measuring 6 acres out of plot no. 342 of khata no. 24 situated at village Pundri, P.S. Katkamsandi, District-Hazaribagh to the complainant for a consideration of Rs.5,85,000.00 and a sum of Rs.2,60,000.00 was received by the petitioner as an advance from the complainant and Roushan Prasad Mehta at the time of execution of the agreement. It was further alleged that in the said agreement it was specially mentioned that Government rent receipts are being issued with respect to the lands in question and the complainant along with Roushan Prasad Mehta came to know from Anchal Office that the petitioner had given false statement regarding rent receipt of the entire 46 acres of land under the agreement and induced the complainant and his brother namely, Roushan Prasad Mehta to deliver a huge amount of consideration. It was further alleged that the petitioner has intentionally cheated the complainant and his brother namely, Roushan Prasad Mehta knowing that Government rent receipts are not being issued with respect to the entire lands under the agreement as the land agreement is Gairmajarua khas.