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2008 Supreme(Pat) 381

ABHIJIT SINHA
Kamla Kant Trivedi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner who has been impleaded as one of the two accused in Complaint Case No. 1224(C) of 2001 is aggrieved by order dated 27-2-2007 passed in Criminal Revision No. 1007 of 2006 by the learned Presiding Judge, Fast Track Court No. V, Patna whereby and whereunder he has refused to set aside the order dated 21-11-2006 passed by Sri Brajesh Pandey, Judicial Magistrate, First Class, Patna, framing charge under Section 420, IPC after rejecting the petitioners petition under Section 245, Cr. P.C.

2. One Parmeshwar Thakur, the complainant, impleaded as O.P. No. 2 herein, filed the aforesaid complaint stating inter alia that he had entered into an agreement for sale of land on 4-9-1999 with the petitioner through accused No. 2, namely, Sheo Shanker Upadhyay, and that accused No. 2 demanded full consideration amount on the date of agreement for sale and in pursuance thereof he allegedly made a payment of Rs. 2,00,000/- in cash to accused No. 1 in the presence of accused No. 2. It is said that the petitioner and the other accused was added in the agreement for sale as vendee with his consent. It has further been alleged that on 12-6-2000, accused No. 2, Shiv Shanker Upadhay









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