A. H. JOSHI, J.

Heard.

2. Rule is made returnable forthwith. Heard by consent.

3. The petitioner had filed a case in the Court of Judicial Magistrate First Class for direction to register the offence. The direction under section 156 (3) of the Code of Criminal Procedure was issued. Based thereon Crime No. 4 of 2007 for offence punishable under sections 120, 405, 406, 468, 469, 201, 474 read with sec. 34 of the Indian Penal Code at Kadim Jalna Police Station was registered.

4. The text of first information report runs at considerable length. Substance of the first information report is narrated in the body of present writ petition in para no. 2 which reads as follows :-

"2. The accused no. 1 is husband of sister of complainant Petitioner no. 1 was resident of Nashik and therefore, he entered into sale transaction. The transaction was entered in order to assist sister and her husband. The complainant has given money for the said transaction, however, in connivance with each other, accused deceived complainant and sale deed was executed in the name of accused no. 1, instead of complainant......"

(quoted from paper-book page No. 3)

Thus according to the petitioner the accused perso