HAFIZ MASTER @ ABDUL HAFIZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the complainant O.P. No. 2 has submitted that the complainant has already died.

(2.) By way of this application, the petitioners have prayed for quashing the order dated 26.2.2008, passed by learned Chief Judicial Magistrate, Sahibganj, in P.C.R. Case No. 165 of 2007, whereby on the basis of allegations in the complaint petition, the statement of the complainant on Solemn Affirmation and the depositions of the enquiry witnesses, prima facie offence under Section 420 of the Indian Penal Code has been found against the petitioners, and cognizance has been taken.

(3.) The complaint petition has been brought on record, which shows that the complainant and the petitioner Nos. 1, 2 and 3 are the agnates, being heirs of common ancestor, who was the recorded tenant of the land in dispute. It is alleged that the petitioner Nos. 1, 2 and 3 illegally sold the land in dispute to the petitioner No. 4. It is also apparent from the complaint petition that there was also a proceeding under Section 144 of the Cr.P.C., between the parties.