Decided on March 22,1997

K.A.SOLOMAN Appellant
STATE OF H.P. Respondents


A.L.VAIDYA, J. - (1.)The facts giving rise to the present petition are that Smt. Leela Samuel, Ms. Uppal Dass and Smt Shanti Paul submitted a complaint in writing against the present petitioner before S.D.M., Kangra, on 19.4.1993 wherein it has been complained that the present petitioner had cheated and defrauded the complainants for an amount of Rupees 13000/ - to 14,000/ - each on the pretext of agreement to sell land owned by A.D.T.A. and the present petitioner issued bogus receipts only and did not give any agreement to sell, but on the contrary, he obtained signatures of complainants on blank papers. It was also complained that when the, present petitioner was asked to deliver the agreement of land, he threatened with dire consequences and said that he would call the Gundas from Amritsar and he would throw the petitioners out from their residence. This complaint was inquired into by S.D. M., Kangra.
(2.)S.D.M., Kangra on 27.8.1993 submitted a complaint under Sections 420,465,467,471,477 -A read with Section 34 IPC before the Sub Divisional Judicial Magistrate, Kangra. The Sub Divisional Judicial Magistrate, Kangra forwarded the original complaint along with the documents in original to S.H.O., Police Station, Kangra under Section 156(3) Cr. P.C. for registration of the case and investigation in accordance with law.
(3.)The aforesaid ladies had preferred the complaint before the S.D.M. against the present petitioner alone who was holding general power of attorney for Chairman, A.D.T.A., Dr. A.C.Lal. The complaint before the S.D.J.M. was filed against the present petitioner along with Dr. A.C. Lal.

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