INDU DEVI Vs. RAM CHANDRA PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have been arrayed as accused in Karai Parsurai P.S. Case No. 82 of 2014. After investigation, the police submitted final form stating that the matter is of civil dispute. However, the learned court below differed with the police report and took cognizance by the impugned order dated 05.10.2014/16.12.2014 for offences under Sections 420, 467, 468, 120B and 504/34 of the Indian Penal Code.

(3.) According to FIR, which was registered on the basis of complaint case filed initially by opposite party no. 2, the mother of opposite party no. 2-Budhani Devi had purchased 74 decimals of land from Ram Baran Mahto through registered sale deed dated 21.08.1961. After death of mother, opposite party no. 2 and his brother Nawal Kishore Prasad were in possession of the same as owner thereof. However, accused Ram Chandra Prasad, petitioner no. 2, who is son of Late Ram Baran Mahto, aforesaid executed a registered sale deed on 27.06.2013 in favour of other petitioners in respect of 32 decimals of the land out of 74 decimals. When the complainant went to complain about the aforesaid act committed by the petitioners, petitioner no. 2 Ram Chandra Prasad allegedly abused and threatened to assault. Thereafter, all allegedly committed assault and theft as well.