AKHORI CHANDRESWARI SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dtd. 16/12/2023 passed by the learned Additional Chief Judicial Magistrate, Hazaribagh in connection with Loshighna P.S. Case No.105 of 2023 corresponding to G.R. Case No.2480 of 2023 whereby and where under the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offences punishable under Ss. 406, 420, 34 of the Indian Penal Code.

(3.) The brief fact of the case is that the petitioners took an advance of Rs.7,00,000.00 from the informant for selling his house and land over which the house is situated for a consideration amount of Rs.12,00,000.00. Later on, they also took Rs.5,00,000.00 for their personal necessity but they did not execute the sale-deed. On the basis of the complaint filed by the informant, Complaint Case No.957 of 2019 was registered which upon being referred to police under Sec. 156 (3) of Cr.P.C., Loshighna P.S. Case No.105 of 2023 was registered and police took up the investigation of the case. After completion of the investigation, police submitted charge-sheet against the petitioners for having committed the offences punishable under Ss. 406, 420, 34 of the Indian Penal Code and basing upon the same, the learned Additional Chief Judicial Magistrate, Hazaribagh took cognizance of the said offences on 16/12/2023 in the said case.