SAHDEO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for opposite party No 2.

(2.) The petitioner has come against the order dated 20.12.2006 passed by Shri P.K.Sinha, Judicial Magistrate, First Class, Munger in Complaint Case No 1104C of 2006 by which he has been summoned together with other co-accused persons for the offence under Sections 420, 471 and 120B of Indian Penal Code as well as for quashing the whole proceeding against him in the aforesaid case.

(3.) In short, the case of the complainant/opposite party No 2 is that the petitioner sold 2.50 decimals of land out of 3 kathas to one Urmila Kumari on 25.09.2006 through registered sale deed having least interest in the said land and full knowledge that the land belongs to the complainant. It has further been alleged that the land in question was purchased by cousin father-in-law of the complainant, namely, Raghubir Mishra and on private partition, it was transferred to one Rama Devi, the mother-in-law of the complainant by Bazidawa (relinquishment of right) and out of five kathas of land, two kathas were sold to one Bishakha Devi, wife of Dhiraj Kumar on 23.02.1993 and three kathas were in the possession of the complainant. The complaint was filed on 20.11.2006 before the learned Chief Judicial Magistrate, Munger who made over the case under Section 192 of Criminal Procedure Code to the Court of Shri P K Sinha, Judicial Magistrate, First Class, Patna who, pursuant to recording the statement of the complainant on oath and examination of the witnesses under Section 202 of the Criminal Procedure Code ordered for issuance of process under Section 204 of the Code of Criminal Procedure which order is under challenge before this Court.