ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Amit Kumar Anand, learned counsel appearing for the petitioner and learned A.P.P. for the State.

(2.) This application has been preferred for quashing the order dtd. 23/9/2013 as passed by the learned 2nd Additional Chief Judicial Magistrate, Purnea, whereby cognizance has been taken in connection with Complaint Case No. 3578 of 2012 for the offence punishable under Ss. 420, 468 and 34 of the Indian Penal Code against the petitioner.

(3.) The brief facts of the case is that the complainant Opposite Party No.2 namely, Rana Pratap Singh has alleged that he had purchased a land through registered sale deed in the name of his wife namely, Mani Mala Devi on 28/12/1993 at Mauza Maharajganj bearing Khata No. 184, Khesra No. 128, Thana No. 238 Rakwa 2 Kattha 7 Dhur 15 Dhurki and also enjoying possession. It is alleged that the accused persons have engaged their business of forged transaction of land since long time. It is further alleged that accused persons had made false power of attorney in connivance with a forged lady in the name of the wife of the complainant/O.P. No.2 on 10/6/2008. The complainant further alleged that on the basis of aforesaid forged power of attorney, accused persons sold out the land to co-accused namely, Arvind Kumar Yadav and in this forged work accused No. 2, 3 and 4 (the petitioner) helped the accused No. 1. When the complainant came to know about this, he asked to Arvind Kumar Yadav, who replied that accused No. 1, sold it to him against duly paid consideration amount. It is further alleged that when the complainant/O.P. No. 2 went to house of accused No.1 and asked about this matter, he was abused by them and also threatened to face dire consequences.