PRAMOD NARANG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed for quashing of the entire criminal proceeding arising out of Complaint Case No. 1877 of 2007, including the order dtd. 4/1/2008 passed by Sri S.K Upadhyay, Judicial Magistrate, Ranchi whereby the cognizance of the offences under Ss. 420/468/471/34 of the Indian Penal Code has been taken against the petitioners and two other persons and they have been summoned to face the trial.

(2.) The brief fact of the case is that one complaint being Complaint Case No. 1877 of 2007 has been filed by the opposite party no. 2 stating inter alia that the complainant is the owner of a house constructed over a piece of land, pertaining to plot no. 968, Khata No. 198, area 10 kathas 3 chhataks, situated at Chaibasa Road, Hinoo, P.S Doranda, District - Ranchi, wherein the petitioner no.l was inducted as a tenant. However, even after the expiry of the term of the tenancy, he did not vacate the house and as such an eviction suit was filed by the complainant. It has been alleged that the petitioner no.l also filed a title suit in the court of learned Sub-Judge, Ranchi on the basis of the forged agreement of sale, seeking specific performance of the contract against the complainant. It has also been alleged that the signature on the purported agreement of sale is forged and fabricated in order to grab the land of the complainant.

(3.) The learned senior counsel for the petitioner submits that though the opposite party no. 2 received Rs.1,80,000.00 as earnest money for the sale of the said land, yet he failed to execute the sale deed, as someone offered higher price to the complainant and as such Title Suit No.252 of 2007 was filed by the petitioner no.l. The present complaint has been filed in counterblast of Title Suit No.252 of 2007 on concocted grounds. The matter is civil in nature and no criminal liability can be fastened against the petitioners. In absence of any declaration by the court of the learned Sub-Judge, Ranchi in T.S No. 252 of 2007 to the effect that the said agreement of sale is a fabricated document and also in absence of any step taken by opposite party no. 2 to get the said document cancelled by a court having competent jurisdiction, no criminal case is made out against the petitioners on this issue.