JUDGMENT :

1. Heard Mr. Jitendra Shankar Singh, the learned counsel appearing on behalf of the petitioner and Mr. Pandey Ashok Nath Roy, the learned counsel appearing on behalf of the O.P.No.2.

2. This petition has been filed for quashing the entire criminal proceeding arising out of Kotwali (Pandra O.P.) Case No.261 of 2015, corresponding to G.R. Case No.1769 of 2015 including the order dated 05.09.2017 whereby cognizance has been taken, pending in the court of learned Judicial Magistrate, Ranchi.

3. The O.P.No.2 has filed the complaint stating therein that the O.P. No.2 the informant along with his two brothers and father has entered into an agreement with M/s Rajmani Properties (Pvt.) Ltd. on 05.01.2005 for development of their property situated at Piska More, Village Hesal, Ratu Road, Ranchi for construction of any apartment which shall consist maximum of G+4 having approx. area of around 22,435 sq.feet. As per the agreement the developer has agreed to deliver 38% of super built up area. It is alleged that the complainant was given possession of five flats having total area of 7,550 sq.ft and the accused has withheld about 975 sq.feet built up space. It is further alleged that the