MANISH CHOUDHARY, S/O RAJKUMAR CHOUDHARY, RESIDENT OF AT KATRASGARH, P.O. P.S. KATRAS, DISTRICT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 2364 of 2011 including the order dated 16.5.2012, passed by the learned Judicial Magistrate, Dhanbad, whereby and where under cognizance has been taken for the offence under sections 420/323 of the Indian Penal Code.

(3.) A complaint case was instituted by the opposite party no. 2, in which it was alleged that accused no. 1-Haricharan Turi had showed his intention to sell the land measuring an area of 1.16 acres on a total consideration of Rs.5000.00 per decimal. Thereafter, an agreement was executed in the year 2010 and the complainant had paid an amount of Rs.11,000.00 to the accused no. 1, who had further received an amount of Rs.1 Lac in two instalments in presence of the witnesses. It is alleged that accused no. 1 had delayed the execution of the sale deed and later on he could come to know that the accused no. 1 had given a power of attorney to accused no. 2, who had executed a sale deed in favour of accused no. It is therefore alleged that the accused persons by entering into a conspiracy and having full knowledge about the earlier transaction had entered into a subsequent transaction which led to institution of complaint case being C.P. Case No. 2364 of 2011. Upon conducting an enquiry under section 202 Crimial P.C. by examining the complainant on solemn affirmation as well as his witnesses, cognizance was taken for the offence under section 420/323 of the Indian Penal Code.