OM PRAKASH AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) These applications under Section 482 of the Code of Criminal Procedure have been filed for quashing the order dated 07.02.2013 passed by the Judicial Magistrate, 1st class, Purnea, in Complaint Case No.CA 2123 of 2010, by which the learned Magistrate after holding enquiry has found prima facie</i> case against the petitioners for the offence under Section(s) 420 and 120-B Indian Penal Code.

(2.) As per Complaint Petition, accused nos.1 to 7 are near relative of Opposite Party No.2 (Complainant) . Grand father of Opposite Party No.2 had acquired 20 decimal of land at Banmankhi, Mauza Chakla and built a house upon that land. Grand father of the Opposite Party No.2 also acquired some landed property in addition to this in Rajasthan. It is alleged that 20 decimals of land in Banmankhi was given to the father of the Complainant and his other property was co-parcener property. It is alleged that Partition Suit was filed at Bikaner by sons of late Ram Lal Golchha (grand-father of the Complainant) for partition of ancestral property and decree was passed in the aforesaid Partition Suit through mutual agreement. The land and the house of Banmankhi were declared in the aforesaid partition in the share of father of Opposite Party No.

(3.) The Complainant's father continued to have right, title and possession over the aforesaid property. He let out the aforesaid house to one Panna Lal Jain on rent, who is still living in that house. It is alleged that all the accused in connivance with each other executed sale deed in favour of accused nos. 8 and 9 on 11.05.2010 by mentioning wrong facts in the aforesaid sale deed. Accused no.10 and 11 put their signature over the aforesaid sale deed. The sale deed was executed by accused no.5 on the basis of Power of Attorney given by accused nos.1 to 7 in conspiracy to each other to cause loss to the father of the Complainant.