JITENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) OPPOSITE party No. 2 had earlier appeared in the case but when the case was called out for hearing, none appeared on his behalf. Hence, learned counsel for the petitioner and the learned Additional P.P. were heard.

(2.) THIS is an application under Section 482 of the Code of Criminal Procedure ("the Code", in short) for quashing order dated 9.10.1996 recorded by the Chief Judicial Magistrate, Roh -tas at Sasaram relating to Sasaram Town P.S. Case No. 1519/1603 of 1996/1996 whereby and whereunder the learned Chief Judicial Magistrate, on submission of charge -sheet by Police, had taken cognizance of offence under Section 420 and 406 read with Section 34 of the Indian Penal Code.

(3.) THE facts, in brief, are that a First Information Report, vide An -nexure -1, was lodged with the police by informant Dular Chand Prasad, Opposite Party No. 2 in this case, giving risc to the aforesaid case, alleging therein that he belonged to a scheduled caste, one of five brothers whose lands were joint. On 13.8.1996 he came to know that accused Chhattu Singh had enticed his brother Munshi Ram to sell the joint property at which the complainant filed an application in the registration office intimating that Munshi Ram was not fully authorised to execute sale -deed as also that permission was not taken by him by the Collector.