RAM JANAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Today learned Counsel for opposite party No. 2 has appeared. He had not appeared yesterday. On his request he was granted opportunity to address the Court on behalf of opposite party No. 2 in this case. He has also been heard.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 23-3-1995 passed by Judicial Magistrate, Aurangabad, in Complaint Case No. 240 of 1994 by which the learned Magistrate had taken cognizance against the petitioners for offences punishable under Sections 467, 468, 474 and 120-B of the Indian Penal Code (hereinafter referred to as the Code) and ordered for issuance of summons against the petitioners.

(3.) It appears that a complaint was filed by opposite party No. 2 against the petitioners. Copy of the complaint is at Annexure-1. In the complaint it has been alleged that the complainant along with his three brothers own and possess an area of 17-37 decimals of land of Khata No. 342 appertaining to a number of plots including the plots mentioned in Schedule-I of the complaint but the accused Nos.1 to 3 have executed two sale deeds for an area of 4.20 acres and 4.35 acres of land in favour of accused No. 4 to 10 (petitioners No. 4 to 10) without any authority, h was alleged that this Act of the accused persons was intentional in order to make out the claim over the lands of the petitioners, and, thus, by creating forged and false documents for the purpose of cheating may affect the title and possession of the complaint in future. It was further alleged that the sale-deeds contained false statement of fact and Smt. Dukhni Devi has been mentioned as one of the vendors although she has not signed the documents.