PREMCHAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. No one appears on behalf of the opposite party no. 2 despite service of notice.

(2.) The petitioners, in the present case, are seeking quashing of the order taking cognizance and issuance of summon dated 27.08.2013, passed in Complaint Case No. 435/2013, Tr. No. 2499/2013 by learned Judicial Magistrate, 1st Class, Bhabhua. The petitioners prays for quashing of the entire criminal proceeding in the facts and circumstances of the case.

(3.) Learned counsel for the petitioners has placed the statement made in the complaint petition giving rise to Complaint Case No. 435/2013 in the court of learned Chief Judicial Magistrate, Bhabhua. In the Complaint Petition, the complainant, Birendra Singh has alleged that the accused no. 1 and 3 came to him in January 2013 and requested him and his father to exchange a piece of land bearing Plot No. 348/481 in Chak Khata No. 47 measuring area 9-1/2 decimals in lieu of Plot No. 345 under Khata No. 138 measuring area 3 decimals which is the ancestral land of the complainant. The complainant and his father believed the words of the accused and thinking that they will be getting land which are three times to the land which they are giving to the accused no. 3 by way of exchange, and therefore, a deed of exchange.