LAWS(JHAR)-2015-2-93

SRIMATI YASOMATI DEVI Vs. STATE OF JHARKHAND

Decided On February 03, 2015
Srimati Yasomati Devi Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD Mr. K. P. Deo, learned counsel appearing on behalf of the petitioners and Mr. G.C. Sahu, learned counsel appearing on behalf of the opposite party No. 2.

(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Sadar P.S. Case No. 20 of 2009 corresponding to G.R. No. 417 of 2009 including the order dated 30.07.2012 passed by the learned Judicial Magistrate, Ranchi whereby and whereunder cognizance has been taken for the offences punishable under Sections 406, 420, 467, 468, 471, 120B of the Indian Penal Code.

(3.) THE prosecution story as would appear from the complaint petition instituted by the opposite party No. 2 herein is that the complainant is the owner and is in possession of a piece of land, being portion of Plot No. 131, Sub -plot No. 131/B, which he had purchased from Smt. Nillie Rao, measuring an area of 7 kattha 8 Chhatak, by virtue of Registered deed of Sale No. 12148 dated 04.12.1984. It has been alleged that the petitioner No. 2 is the brother -in -law of his firstwife and when the complainant was posted in Ranchi as an Assistant Engineer, Bihar State Electricity Board in the year 1973 -1979 and 1980 - 1985 he had purchased the said piece of land but the petitioner No. 2 entering into a criminal conspiracy had prepared a false sale deed dated 19.12.1995. It has further been alleged that the forged sale deed stands in the name of the petitioner No. 1 and when he came to know about the same on 22.10.2008 a Panchayti was also held on 26.12.2008 to settle the dispute but after the negotiations failed, a complaint case was instituted against the petitioner.