UMA SHANKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE accused petitioners have preferred this revision application against the order dated 17.01.2002 passed by the learned Sub-Divisional Judicial Magistrate, Lakhisarai in Complaint Case No.288 C/2001 by which a prima-facie case has been found against them for the offences punishable under Sections 420, 467, 468 and 477/34 of the I.P.C. and order has been passed for issuance of summons against them.

(2.) THE case of the complainant-opposite party no.2 is that the land bearing Khata No.318, Plot No.994, Area 70 decimals situated in Mauza-Panchmahla Jalalpur Mahal, Nauranga Pargana, Gayaspur is an ancestral joint property of the complainant, but the accused Uma Shankar Jha and Mostt. Yogmaya Devi have sold 25 decimals of land out of 70 decimals of land to the accused Ravindra Nath Singh (petitioner no.3) dishonestly and fraudulently on 5.09.1995 stating therein that the complainant Jata Shankar Jha is dead and there has been private partition between the complainant and the accused petitioners. THE matter of sale had been kept secret from the complainant. When there was survey under Mauza-Panchmahla, Jalalpur Mahul, Nauranga Pargana, Gayaspur, the complainant came to know about the aforesaid sale deed. It has also been alleged that from the Survey Office, the complainant could know that 33 decimals of land out of that land has been mutated in favour of Shanti Devi and Radha Devi, whereas, no sale deed has been executed in their favour. THE accused persons have made conspiracy to oust the complainant from her legal right to possess the land which has caused a loss of Rs.80,000/-to the complainant. A complaint petition was filed in the court of learned A.C.J.M, Lakhisarai. On 11.09.2001, the statement of the complainant on solemn affirmation was recorded and the case was adjourned for examination of the enquiry witnesses. On 20.10.2001, the case was transferred to the court of learned S.D.J.M, Lakhisarai under Section 192 (2) Cr.P.C. for inquiry and disposal. After the inquiry, the learned Magistrate has found a prima-facie case against the accused vide the impugned order. THE learned counsel for the petitioners has submitted that wrong facts have been mentioned in the complaint petition. After the death of Bal Mukund Jha, the property were divided amongst his co-sharers orally and it has also been submitted that in the sale-deed, the complainant Jata Shankar Jha has not been shown as dead, which has been misread by the complainant. He has filed a copy of the sale-deed executed by Uma Shankar Jha and Yogmaya Devi.