RABINDRA KHARWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the Court. The petitioners who along with another have been impleaded as accused in Complaint Case No. 353 of 2006 have prayed for the quashing of the order dated 22.9.2006 passed therein by Sri R.K. Tripathi, Judicial Magistrate, First Class, Bhabhua, whereby he has taken cognizance of offences under Sections 420, 323, 341, 504 and 467, IPC, after examining three witnesses.

(2.) Briefly stated, the prosecution case is that the complainant and his brothers executed sale deeds in 1999 in favour of Late Brij Mohan Kharwar, the father of the petitioners, in respect of 4 decimals of land appertaining to Khata No. 176, Plot No. 941, for Rs. 40,000/- and the accused assured to pay the consideration money at the time of issuance of the sale receipt. However, the consideration money allegedly was not paid by the purchaser and even after his death the accused persons did not pay the consideration money. It is alleged that on 25.4.2006 when the complainant went to the house of the accused and demanded the consideration money, they assaulted him with fists and slaps and accused Nos. 1 and 2 snatched Rs. 300/- as also a wrist watch and when the complainant raised hulla, petitioner No. 2 opened fire threatening him with dire consequences if he demanded the consideration money. It is also alleged that the accused persons having duped the complainant got their names mutated on the basis of the certified copy of the sale deeds.

(3.) After considering the materials coming forth at the inquiry under Section 202, Cr PC the learned Magistrate took cognizance only against these four petitioners and their mother was left free.