RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Suraj Singh, learned counsel appearing for the petitioners, Mr. S. K. Deo, learned A.P.P. for the State and Mr. Dhirendra Kumar Deo, learned counsel appearing for the opposite party No. 2.
(2.) In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 08.02.2016 passed by learned Chief Judicial Magistrate, Hazaribagh in connection with Protest cum Complaint Case No. 1016 of 2015, whereby and whereunder, cognizance for the offences punishable under Section 420 of the Indian Penal Code (IPC) has been taken.
(3.) Initially a complaint case being 2037 of 2014 was instituted by the opposite party No. 2 with respect to sell of a piece of land on a consideration amount of Rs. 66,11,000/- out of which Rs. 15,00,000/- has been paid as advance. It is alleged that the sale deed was never executed by the accused persons and ultimately on receipt of a legal notice, they have denied to execute the same, leading to institution of complaint. The said complaint was sent for registration of an F.I.R. under Section 156(3) Cr.P.C. and accordingly Sadar P.S. Case No. 1165 of 2014 was registered. Investigation resulted in submission of final form, stating the dispute to be civil in nature. The opposite party No. 2 filed a protest petition, pursuant to which cognizance was taken under Section 420 I.P.C. by the learned Chief Judicial Magistrate vide order dated 08.02.2016.;