BHUSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the opposite party no. 2.

(2.) The petitioners, in the present case, are seeking quashing of the order dated 23.04.2013, passed by the learned Judicial Magistrate, 1st Class, Nawada in Complaint Case No. 518/2004 arising out of a protest petition filed by the Complainant-Opposite Party no. 2 for the offences alleged under Sections 420, 467, 468 of the Indian Penal Code. Initially the Complainant-Opposite Party no. 2 lodged a Complaint Case No. 334/2000 in the Court of learned Chief Judicial Magistrate, Nawada which was referred under Section 156(3) Cr.P.C. for registering a First Information Report giving rise to Kashichak P.S. Case No. 35/2000 under Sections 302, 201, 467, 468 and 120B of the Indian Penal Code against the present petitioners.

(3.) The informant alleged that while the informant was living at Patna, his brother namely, Ram Lakhan Singh and family of his late brother Tanik Singh were living in the village. The informant alleged that his brother Ram Lakhan Singh was an educated person and after getting training from the Health Department was working in the village also. Family of Tanik Singh was indulged in flirting of said Ram Lakhan Singh. It is alleged that in past Ram Lakhan Singh had sold some of his land to other persons of the village through sale deed on which the informant also signed. The informant was separate in mess and business with his brothers and he was in possession of his share of land which he was cultivating.