LAL DEO SAH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioners challenging the impugned order dated 15.11.2014 passed by the learned Chief Judicial Magistrate, Yupia in Complaint Case No. 41/2014 whereby cognisance has been taken against the petitioners under Sections 420/34 IPC as well as for quashing the complaint case No. 41/2014 pending before the learned Chief Judicial Magistrate, Yupia, Papum Pare District, Arunachal Pradesh.

(2.) The contentions made by the petitioners are that they never involved in any criminal offence and at present a complaint case was filed against them is totally false and fabricated one on the ground with a view to harass the petitioners and to make undue gain for a plot of land purchase by the petitioners and in respect of which, civil litigation are pending between the parties.

(3.) It has been stated that by the criminal proceeding the respondent/complainant has abused the process of the court. Narrating the fact beyond the case, it has been submitted that one Late Bhagan Prasad Choudhury of Bora Chakia, Purbi Champaran, Bihar had three sons, namely, Krishna Prasad Choudhury, Murari Lal Choudhury and Ram Avatar Choudhury and after the death of Bhagan Prasad Choudhury, his legal heirs divided the total ancestral land amongst themselves and mutated their names against their respective share of land. The Complainant's father Late Ram Udar Pandey has purchased 10 kathas 3 Dhur of land on 10.04.2006 from Late Krishna Prasad Choudhury. The petitioner No. 1 along with his family member, on the other hand, purchased 7 Kathas 5 Dhur land vide registered Sale deed dated 03.02.2009, which has been registered on 07.02.2009 from Diraj Kumar Choudhury, the son of Late Murari Lai Choudhury.