LAWS(PAT)-2018-3-359

BIKRAMA SAW Vs. STATE OF BIHAR AND ANOTHER

Decided On March 28, 2018
Bikrama Saw Appellant
V/S
State Of Bihar And Another Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure (for short "the Cr.P.C.") has been filed by the petitioner for quashing of the order dated 26.04.2016 passed by the learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas in connection with Dawath P.S. Case No.115 of 2014 corresponding to G.R. No.1203 of 2014 whereby the prayer made on his behalf for discharge from the criminal case has been rejected.

(3.) The petitioner has been made name accused in the First Information Report (for short "the FIR"). In sum and substance, the allegation made against the petitioner in the FIR is that he sold a piece of plot in favour of the informant and executed sale deed in this regard after obtaining consideration money, but later on, the informant came to know that the sale deed was executed in excess to the land owned and possessed by the petitioner. It is also alleged that even prior to the execution of the sale deed the mother of the petitioner had already sold part of the piece of plot in favour of some one else.