MAHESH KUMAR SANWARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 18.5.2004 passed by Sri D. Baranwal, Judicial Magistrate, Dhanbad in C.P. case No. 1590 of 2002 whereby learned Magistrate having been found that the prima facie, case is made out under Section 417 of the Indian Penal Code summoned the petitioner to face trial.

(2.) THE facts giving rise this application are that complainant -opposite party No. 2 filed a complaint stating therein that the petitioner when offered to sell his land, Girja Devi (wife of the complainant) and Poonam Devi (younger brother's wife of the complainant) purchased the land by two separate sale deeds, bearing No. 1318 and 1180 for a valuable consideration on getting assurance that the land is free from encumbrances; recital to that effect was also made in the sale deed.

(3.) BEING aggrieved with the order, the petitioner has preferred this application.