- (1.) Heard the parties. This Cr.M.P. has been filed for quashing the entire criminal prosecution including the order dated 3.6.2014, arising out of C.P. Case No. 2772 of 2013, pending in the Court of Ms. Kalpana Hazarika, Judicial Magistrate, 1st Class, Dhanbad.
(2.) The facts in brief is that the petitioner and accused Megh Lal Mahto induced the complainant to part with money and they promised to sell a piece of land and for that an agreement between Megh Lal Mahto and Lal Babu Singh (complainant) was executed on 28.4.2008. The petitioner had witnessed the agreement and also witnessed the payment of money to Megh Lal Mahto. It is further disclosed that the petitioner along with Megh Lal Mahto went to the house of the complainant and both of them proposed to sell the land belonging to Megh Lal Mahto (accused No. 1). Altogether a sum of Rs. 15,64,000/- was realised. At the instance of accused persons two sale deeds were prepared and presented before the office of the concerned Sub-Registrar for registry but the petitioner and co-accused Megh Lal Mahto instead of appearing before the Sub-Registrar disappeared on false pretext. The complainant has also raised allegation that on two occasions Megh Lal Mahto as well as the petitioner had received money and both of them had acknowledged the same by putting their signatures on back of the agreement.
(3.) The contention made by the complainant find support from SA and the statement of witnesses recorded during enquiry. The Magistrate, after considering the contention made in the complaint and the statement recorded during enquiry, took cognizance on 3.6.2014.;