- (1.) This application has been filed under Section 482 Cr.P.C. for quashing of the order dated 30.9.2003 passed by the then Judicial Magistrate, Ranchi in Complaint Case No. 826 of 2002 (T.R. No. 754 of 2004) whereby and whereunder, cognizance of the offence punishable under Sections 420, 323 and 379 of Indian Penal Code has been taken against the petitioners. Before adverting to the submission advanced on behalf of the parties, facts giving rise to this application need to be taken notice of.
(2.) It is the case of the complainant that both the petitioners approached to the complainant and conveyed him that they are intending to sell a piece of land measuring an area of 12.43 decimals of Plot Nos. 351 and 352 appertaining to Khata Nos. 277 and 278, situated at Mauza Pundag, P.S. Jagarnathpur. The complainant agreed to purchase the said land on consideration of Rs. 1,08,000/-. Thereupon, an agreement for sale was executed on payment of Rs. 1,08,000/- to the petitioners. Thereafter, a written declaration was made by the petitioners that the complainant can use the land in the manner in which he wishes. Subsequently, a power of attorney was also executed in favour of the complainant. On that basis, the complainant came in possession of the land in question and since then he was using the land. Suddenly, a legal notice sent by petitioner no. 1 was received wherein "it was communicated that henceforth the complainant may not sell the land, as power of attorney given in his favour has been revoked on 26.6.2000, which was replied with calling upon the petitioners to execute the sale deed but neither they did execute the sale deed nor returned the money.
(3.) It has further been alleged that the other day, petitioner no. 2 came-along with some anti-social elements to whom the complainant asked as to why not they are executing the sale deed and further it was told as to why the power of attorney has been revoked. Upon it, petitioner no. 2 told the complainant that neither the sale deed would be executed nor the money, which had been given by him, would be returned and thereafter he assaulted the complainant and also snatched away Rs. 500 from his pocket.;