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2023 Supreme(Jhk) 962

ANIL KUMAR CHOUDHARY
Sanjiv Nandan Sahai, son of late Kedar Nandan Sahai – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Vimal Kirti Singh, Mr. Ujjal Choudhary, Ms. Ahana Bhardwaj, Mr. Ayush Singh.
For the Opp. Parties : Mrs. Priya Shrestha, Mr. Rajeev Kr. Sinha.

JUDGMENT :

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 24.03.2022 passed by the learned Judicial Magistrate –XIII, Ranchi in Complaint Case No. 6177 of 2021 by which the learned Magistrate has found prima facie sufficient material to call upon the petitioners to face trial for the offences punishable under Section 406/420/504/34 of the Indian Penal Code and directed for issue of summons to the petitioners. Prayer has also been made for quashing the entire criminal proceeding arising out of Complaint Case No. 6177 of 2021.

3. The brief facts of the case is that the opposite party no.2 entered into an agreement with the petitioners; for sale of the land of the petitioners to the opposite party no.2-complainant, on 03.08.2020. The petitioners received an advance amount of Rs.14,51,051/- only. The total consideration amount of the property was fixed at Rs.5,25,00,000/- only. It is agreed to between the parties that the sale deed was to be executed by 28.02.2021. It was further agreed to between the parties that the second party to the said agreement

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