PUNAM DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, learned Additional Public Prosecutor for the State and learned Counsel for the complainant-opposite party No. 2.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 7.10.2005 passed by Sri Manoj Kumar-II, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1376-C of 2005, Tr. No. 2586 of 2005, taking cognizance for the offences under Sections 420 & 468 of the Indian Penal Code.

(3.) Undisputedly, opposite party No. 2 is the purchaser of land from the Petitioner No. 1, but somehow or the other his title and possession was disturbed by another person claiming title over the same, since before it is also undisputed position that at the instance of opposite party No. 2, Money Suit No. 1 of 2007 is going on in the Court of learned Sub-Judge, Patna for the recovery of money advanced as consideration for the purchase, where in the vendor and Petitioners have already entered into appearance and filed written statement.