ANIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. In this case, the petitioner is challenging the order dated 17.4.2009 passed by learned Judicial Magistrate 1st Class, Patna arising from Complaint Case No. 1653(C)/2008, whereby and whereunder the court below has taken cognizance for offences under Sections 420, 467, 468 and 474 of the Indian Penal Code.

(2.) From the complaint petition it appears that the property in dispute is appertaining to Plot No. 318, Khata No. 88, Tauji No. 523, area 231/2 decimals of land situated at Mauza-Manorah (Allauddinchak) P.S.-Punpun, District-Patna.

(3.) It has been alleged, in Title Partition Suit No. 384 of 1996 the land in dispute was allotted in favour of the O.P. No. 2 who had/has been coming in peaceful possession over the said property alongwith other property with right, title and interest. It has further been alleged that he has been cultivating and growing the different crops. In said title suit, accused No. 1, Binay Singh and accused No. 2, Subodh Singh were also party and they were knowing fully well about allotment of the said land. They had/have a greedy eye over the Plot No. 318 and they with dishonest intention and in order to have an illegal gain sold away the aforesaid property to the Accused Nos. 3 to 6, namely, Rekha Devi, Rakhi Devi, Meena Devi and Susheela Devi in conspiracy with the Accused No. 7, Anil Kumar Singh, present petitioner and Raj Kishore Singh, accused No. 8. It has further been stated that Anil Kumar Singh, present petitioner is the witness of all sale deeds and O.P. Nos. 1 and 2 have sold the land at low price.