VIJAYA LAKSHMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three petitioners who along with others have been made to figure as accused in Complaint Case No. 2022 of 2006 have prayed for the quashing of order dated 24.4.2007 passed therein by Sri Sahgir Alam, Judicial Magistrate, First Class, Siwan, whereby cognizance has been taken for offences under

(2.) RAMCHANDRA Prasad, the complainant, impleaded as O.P. No. 2 herein, filed the aforesaid complaint stating that 10 Kathas, 15 Dhoors of Dih Basgeet land appertaining to Khata No. 614, Plot No. 4246 was jointly recorded in the name of Lal Bahadur Lal Rudar, Ragunath Lal, Sheonath Lal and Dwarika Sahay and that Dwarik Sahay died leaving behind two sons Raghunath Lal and Sheonath Lal and Lal Bahadur Lal Rudar during his life time used to live with the sons of his brother, Raghunath Lal and died issueless whereafter the entire property was managed by Raghunath Lal and Sheonath Lal. It is said that in the family partition the aforesaid land fell in the share of Sheonath Lal over which he constructed a house and Bathan and on the remaining portion grew vegetables etc.

(3.) IT has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in the present case. It has further been submitted that allegation of cheating could not have been levelled by the complainant since it is the accused Nos. 2 and 3 who having purchased the lands could have made such allegation of cheating as they had been made to purchase the lands which did not belong to the executant of the sale deed. It was further submitted that when the sale deed was executed by Vijaya Lakshmi as such there was no question of any impersonation on the part of the petitioner No. 1 and allegation of fraud could also not be levelled against her.