BHUP NARAIN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the counsel appearing for opposite party no. 2.

(2.) THIS application has been filed for quashing the order, dated 24.5.2004, passed by the Chief Judicial Magistrate, Saharsa, in Saharsa PS. Case No. 345 of 2001 whereby cognizance has been taken against the petitioner, Bhup Narain Jha as well as other accused persons under Sections 467, 468, 420 and 120B of the Indian Penal Code.

(3.) COUNSEL for the petitioner submits that Title Suit No. 2 of 1993. is pending in the Court of the Subordinate Judge, Saharsa, with regard to the same land. It has also been submitted that the allegations which has been made in the first information report do not make out prima facie case under Sections 467, 468, 420 and 120B of the Indian Penal Code, so far this petitioner is concerned as he is the purchaser. Nowhere it has been stated that this petitioner had knowledge about the previous purchase of land by complainants father and title and possession of the complainant. This is not the allegation that the petitioner entered into a conspiracy with his vendor and purchased property. Simple allegation is that without payment of consideration amount forged sale deed has been executed and this matter is pending for consideration before the Civil Court in the title suit.