SHATRUGHAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Although instant case was heard along with Cr. Misc. No.31743 of 2011 and judgment was reserved, but judgment is being delivered separately.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 16.09.2013 passed by the Sub-Divisional Judicial Magistrate, West, Muzaffarupr, in Paroo P.S. Case No.60 of 2010 by which the learned Magistrate has dismissed the petition filed by the Petitioner for his discharge under Section 239 Cr. P. C.

(3.) The case of the Complainant/Informant, in short, is that Petitioner and Opposite Party No.2 are co-sharers. The Petitioner has sold 71 decimals of land of Khata No.256, Plot No.211 to Accused Nos.4, 5 and 6 on 27.05.2000 with intention to grab the land of other co-sharers. It is further alleged that when the Complainant appeared before the Land Acquisition Officer, Muzaffarpur, pursuant to the notice for acquisition of land for the purpose of construction of Hajipur- Sugauli Railway Track, he came to know that purchaser of the aforesaid land, namely, Nagendra Das, has filed his claim for compensation in respect of the aforesaid land on the basis of the sale deed executed by the Petitioner. In support of his claim, Accused Nos.1 and 2, who had sold the aforesaid land, has filed an Affidavit before the Land Acquisition Officer stating that besides their father, other co-sharers of the aforesaid land have died issueless and, therefore, they have title over the property of the said Khatiyan and compensation should be paid to their purchaser-Nagendra Das.