Hon'ble SHARMA, J.—Heard learned counsel for the petitioner, learned counsel for the complainant and the learned Public Prosecutor.

2. This criminal miscellaneous petition has been filed by the accused petitioner Dev Narayan Fagna under Section 482 Cr.P.C. praying for quashing the first information report No. 70/2008 lodged at Police Station Pratap Nagar for the offence under Section 420 IPC.

3. In brief the facts of the case are that complainant had some transactions with the petitioner regarding sale of a piece of land bearing Khasra No. 106 measuring 1.23 Hectares situated at village Tilawala, Tehsil Sanganer, District Jaipur. It has been alleged in the FIR that on 5.9.2006 the petitioner came to the house of the complainant and offered to sale the above mentioned property. He further stated that he was in need of a land and therefore agreed to purchase the said land after duly inspecting the site where the said land was situated. On the very same day i.e. on 5.9.206 sale of land was fixed for a sum of Rs. 70,00,000 for which token money of Rs. 11,000 was given to the petitioner. Moreover, it has been alleged that on 10.9.2006 a sum of Rs. 35,00,000 were paid in cash and Rs. 25,00

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