Kailash Chandra Joshi, J. - (1.) Petitioner Dushyant Singh by way of this petition under Section 482 Cr.P.C., challenged the registration of FIR No.170/2008 and further investigation thereto Criminal Case lodged against him under Sections 420 and 120 of the Indian Penal Code in Police Station Pali.
(2.) The facts leading to the present petitioner are as under:- That on 12.11.2008 complainant respondent No.2 filed an FIR in Police Station Kotwali, Pali alleging therein that on 09.09.2007 the petitioner aggrieved to sell the land measuring about 170-175 bighas situated at Khasra No.975 to 985 to the complainant respondent No.2. Agreement was executed in the presence of Amrit Parihar resident of Bali, Amar Chand Jain resident of Bewar, Rajendra Kumar Jain and Abdul Vaheed Ansari. It was averred in the FIR that in terms of agreement, the transaction could not take place and after the long deliberations in compliance to the agreement petitioner agreed to sale the lands in different parts. Land measuring to 153 bighas was sold to the complainant through four different sale deeds. The complainant stated in the FIR that 26 bighas of land situated in front side and adjacent to the main road was not sold to him by executing sale deed in his favour. Complainant alleged that accused persons named in the FIR have refused to execute the sale deed with regard to said fifth part of the land and also cancelled the power of attorney executed in favour of Dushyant Singh. The complainant stated that the accused person with dishonest intention has committed fraud with the complainant. On the aforesaid information police registered the above FIR as narrated earlier.
(3.) Aggrieved by the registration of the above FIR, the petitioner has preferred this Criminal Misc. Petition under Section 482 of the Cr.P.C. for quashing the FIR No.470/2008 lodged in Police Station Kotwali Distt. Pali and further investigation.;