Raj Kishore Mishra and Smt. Binod Chaudhary @ Bimal Devi vs The State of Bihar and Shambhu Kumar Jha

Sheema Ali Khan, J.—A petition was filed in which it is said that Smt Bimal Chaudhary alias Bimal Devi owned plot Nos. 1201 and 1202, sub plot No. 24 under Khata No. 417 and 420 measuring a total of 2225 square feet in Shastri Nagar, Patna. After purchase by virtue of registered sale deed on 3.4.1980, Smt. Bimal Chaudhary alias Bimal Devi authorized Raj Kishore Mishra (both accused) to talk to the complainant for sale of the said land for a sum of Rs. 2,40,000/- per katha. It is said that a deed of ''baibayana'' was executed by Raj Kishore Mishra in favour of the complainant. The complainant paid a sum of Rs. 20,000/- to the said accused persons.

Notices were issued on 15.7.2004 and on 3.11.2006 to the opposite party No. 2 when the matter was admitted for hearing. Today nobody has appeared to oppose this application.

This Court finds that the contents of the complaint petition do not constitute an offence under Sections 420 and 406 of the Indian Penal Code. The contents of the complaint indicate that the matter relates to specific performance of contract, as it is alleged that one of the parties, has not adhered the terms of the agreement. This is a rebuttal stand and can only be resolved by filing a civil suit.

In the result, I quash the order dated 10.7.2002, passed in T.R. No. 1504 of 2002 arising out of Complaint Case No. 917(c) of 2002. This application is allowed.