BADAL PODDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In both the cases common complaint case and common cognizance order are under challenge and in both the petitions accused are the persons against whom the cognizance has been taken by the same order however these petitioners have filed separate petition and that is why both the petitions have been tagged together and being heard together with consent of the parties.

(2.) In both the petitions it has been prayed for quashing the order dtd. 22/3/2013 passed by learned Judicial Magistrate, 1 st Class, Saraikella in P.C.Case No.79 of 2012, pending in the court of learned Chief Judicial Magistrate, Saraikella.

(3.) The complaint case has been filed alleging therein that the complainant narrated in his complaint petition and S.A that there is Khatiyani Land of his family at Mouza Harahariharpur, Thana No.24 and in this land the complainant and accused persons Dilip Poddar, Badal Poddar and Gopal Poddar has share along with other co-sharers. On 30/4/2012 accused persons sold all piece of land mentioned above i.e. measuring area of 0.49 acres plot no.95, khata no.25 situated at Mouza Harahariharpur, Thana no.76, within P.S. Kandra, Dist. Saraikella- Kharsawan to accused no.4 by misrepresenting the facts and false statement. It is alleged that the petitioner falsely stated in deed that his father Prabodh @ Mansha is dead and he is only son of his father while his father is still alive and has another son Pradeep. It is further alleged that accused Gopal Poddar is permanently resident of Purulia and never possesses the scheduled land as well as accused Badal Poddar is one of the five brother never was in possession. It is also alleged that accused no.4 being fully aware of the fact that the Vendor of the sale deed no.1532 dtd. 30/4/2012 was never in possession of the scheduled land nor they are competent persons to execute sale deed and the real several owners of the scheduled land who were in physical possession were kept in dark and got the sale deed executed by accused no.1 to 3.