RAMA SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing Complaint Case No.30333(C) of 2014 registered vide order dated 2.12.14 by the Judicial Magistrate, Ist Class, Patna taking cognizance of an offence under Sections 406 and 420 I.P.C. against the present petitioners at the instance of respondent no.2. Instead of service of notice on respondent no.2, no one appears on behalf of respondent no.2. The matter is being listed for last one week continuously and today when the matter is taken up, no one appears.

(2.) Taking note of the aforesaid, I have heard learned counsel for the applicant, learned counsel for the State and perused the record.

(3.) It is the case of respondent no.2, the complainant, before the court below that it is a partnership firm engaged in the business purchasing land for construction marketing and pursuant to certain agreement made, the land in question as detailed in paragraph2 of the complaint was purchased. It is stated that consideration for the same was granted, the sale deed was registered and thereafter, possession is not being handed over and when the complainant went to take the possession and make construction, certain persons prevented the complainant from entering into the land in question. Bases on these facts the complaint has been filed.