VIDYA PANDEY Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 482 Cr PC for quashing of the order impugned passed by the C.J.M., Palamau at Dallon -ganj in Complaint Case No. 785/04 on 24.1.2005 whereby and whereunder the cognizance of the offence was taken under Section 419/420/467/468/471/504, IPC and the case record is presently pending in the Court of Shri R.K. Mishra, Judicial Magistrate, 1st Class, Daltonganj, Palamau.

(2.) THE brief fact of the case is that the maternal grand mother of the complainant had given 2.04 decimals of land of village Tirondha appertaining to Khata No. 26, Plot No. 311 to the mother of the complainant by registered deed of gift No. 2777 dated 31.3.1980 and thereafter the mother of the complainant came in peaceful possession over the said land. The land was also mutated in her name and she obtained the rent receipts on payment of the rent of the land. The mother of the complainant died on 27.12.1985 and thereafter the land came into the peaceful possession of the complainant. The complainant further stated that in the year 2004 when he went to pay the rent of the said land it was pointed out by the Karamchari that the said land was transferred in favour of the petitioner in the year 1999 itself against the registered sale -deed. The complainant verified the matter in the Registration Office and after finding the fact true went to the petitioner and asked as to when his mother died in the year 1985 then how he purchased the same from her in the year 1999 to which there held altercation and hence the case. The complainant further stated that he obtained certified copy of the sale -deed and it was gathered that by putting someone on the place of her mother the petitioner got the land in question transferred in his favour by registered sale -deed No. 10050 and in this manner the petitioner and another have cheated him.

(3.) FINALLY it has been submitted that the document in question i.e. the registered sale -deed duly executed by the mother of the complainant in the year 1999 is unimpeachable document and therefore, the prosecution of the petitioner is not sustainable.