- (1.) IN this petition, the petitioner has prayed for quashing the entire criminal proceeding of CP Case No. 570 of 2003, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad and has also prayed for quashing the order taking cognizance dated 4th August, 2003 by which the cognizance of the offence under S.420 of the Indian Penal Code has been taken against the petitioner and has also prayed for quashing the order dated 22nd December, 2004 passed by the learned Additional Sessions Judge-XIII, Dhanbad in Cr. Revision No. 249 of 2003, whereby the learned Additional Sessions Judge-XIII has dismissed the revision application.
(2.) ACCORDING to the petitioner, the case is of civil nature and there was dispute of title and as such, no case under S.420 of the Indian Penal Code is made out. From the complaint petition (Annexure-1), it is evident that the petitioner had entered into an agreement of sale of land acquired by his father by virtue of registered sale deed jointly with the petitioner, Suppressing the said fact, the petitioner claimed his absolute title by virtue of the sale deed for the entire land and entered into an agreement to sell the same for personal gain. On coming to know about the same, the opposite party No. 2 filed the complaint.
(3.) ON the basis of solemn affirmation of the complainant along with the statements of four witnesses under S.202 CrPC and on the basis of the materials available on record, learned Judicial Magistrate, 1st Class found prime facie case for the offence under S.420 of the Indian Penal Code against the petitioner and took cognizance and directed to issue summons to the petitioner.;