BHISHAN PRASAD @ BHISHAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) This application has been filed for quashing the order dated 06-01-2014 passed by learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda in Complaint Case No. 516 (C) of 2013 by which, the learned Magistrate after holding inquiry under section 202 Cr.P.C. has found prima facie against the petitioners for the offence under Section-384, 467, 468, 471 of the IPC.

(3.) Counsel for petitioners has submitted that this is purely a matter of civil dispute. The alleged sale deed is said to have been executed on 12-11-197 The complainant has alleged in the complaint petition that the sale deed has been executed by both these petitioners in favour of the complainant on 12-11-1973 and in that sale deed plot No. has wrongly been mentioned as 887 in place of 687. The complainant made request with the petitioners several times to make necessary correction and also to file petition in Circle Office but they did not take appropriate steps although the petitioners have assured that they will not raise any objection in Circle Office. The complainant has further alleged that in the Circle Office, the C.O. passed necessary orders in favour of the complainant as no objection was raised by these petitioners but later on, when petitioners learnt that mutation with respect to Plot No. 687 has been done in favour of the complainant, then petitioners challenged that order of Circle Officer before Deputy Collector Land Reforms (DCLR) vide Case No. 20/2012-13 and notice was issued in that case which was received by the complainant. Thereafter, the complainant learnt that the petitioners have committed cheating with him and has wrongly mentioned plot No. 887 in place of 687. Counsel for petitioners has submitted that an appeal was filed by petitioner No. 1 before DCLR vide Case No. 20 of 2012-13 against the order dated 16-01-2012 passed in Mutation Case No. 1623/2011-12 which was rejected by order dated 17-10-201 Thereafter, the petitioner No. 1 filed Revision Application before Additional Collector vide Revision No. 10 of 2013-14 and the same was allowed by learned Additional Collector vide order dated 14-07-2014. Thereafter, the complainant filed application before the Bihar Land Tribunal, Patna for setting aside the order of Additional Collector by order dated 14-07-2014 vide BLT Case No. 643 of 2014 which was rejected by order dated 25-08-2015. The order of Additional Collector dated 14-07-2014 and the order passed by Bihar Land Tribunal dated 25-08-2015 have been annexed by the petitioners as Annexures-6 & 7 of the supplementary affidavit filed on behalf of petitioners.