IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22610 of 2009 KRISHNA KUMAR SINGH S/O LATE RAJENDRA NARAYAN SINGH Versus 1. THE STATE OF BIHAR 2. SHAILENDRA KUMAR SINGH S/O RAMDEO SINGH ----------- For the Petitioner : Mr. Durga Nand Jha Adv. Mr. Nityanand Tiwari For the O.P. : Mr. Nitya Nand Adv. -------- 3. 10.08.2010 The petitioner seeks quashing of the entire proceeding including the order dated 4.4.2009 by which Judicial Magistrate, Ist Class Patna, in which he has taken cognizance under Section 420 I.P.C. in Complaint Case No. 982 (C) of 08. On 18.5.2010 the opposite party no. 2 was noticed, who has appeared before this court through a duly executed vakalatnama. The submission of the learned counsel for the petitioner is that from the complaint, which has been filed allegedly after nine years of the occurrence is completely devoid of any details and is completely vague. The further submission is that in the facts of the case no offence under Section 420 I.P.C. is made out and at best, the only option that was available to the complainant was by way of filing a suit for specific performance. He also submits that in fact on 24.2.2000 the complainant had been sold a certain piece of land, which was registered in Mumbai and therefore, the entire complaint is misplaced. The learned counsel for the opposite - 2 - parties submits that the sale deed executed on 24.2.2000 was regard to another agreement between the parties and not with regard to the one complained of the present complaint. On going through the complaint, I find that the same is totally vague and no material particulars are given. The complainant has mentioned therein that Rs. 146314.00 was paid to the petitioner but the receipt which has been annexed shows the figure of Rs. 106374.00. In my view, in the facts of the case no offence, whatsoever, much less under Section 420 I.P.C. is disclosed. In view of such, this application is allowed and the entire proceedings including the order dated 4.4.2009 by which Judicial Magistrate, Ist Class, Patna, in which he has taken cognizance under Section 420 I.P.C. in Complaint Case No. 982 (C) of 08, is hereby quashed. Fahad. ( Anjana Prakash, J. )