AJIT KUMAR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have filed the instant application under Section 482 Cr. P.C., praying for quashing the entire proceedings including the order dated 06.12.2004, passed in C.P. Case No. 310 of 2004, whereby the learned court below took cognizance of the offences under Sections 423 and 465 of the I.P.C. against the petitioners.

(2.) THE case before the court below was registered on the basis of a complaint filed by one Debendra Nath Mahato, Opposite Party No. 2, alleging, therein, that his grand -lather Jagan Mahato was the recorded raiyat of the lands measuring 49 decimals under Khata No. 196, Plot No. 1371, situated within Mouza -Lanka No. 165. After the death of the recorded tenant, his only son Haru Mahato inherited the property and after the death of Haru Mahato, his two sons, namely, the present Opposite Party No. 2 and Rakhahari Mahato have inherited the lands and since the death of their father, they have been in possession over the lands. It is also claimed that the aforesaid lands was recorded in the recent Survey in the name of the complainants father, Haru Mahato. The complainant has, alleged, thereafter that by using forged documents, the petitioners/accused Nos. I to 4 had executed the deed of gift of the aforesaid lands in favour of the Governor of Jharkhand by a Registered deed No. 4919 dated 15.09.2003. The complainant has alleged that the aforesaid petitioners in connivance with the petitioner Nos. 5 to 8 had dishonestly transferred the said lands with intent to cheat the complainant.

(3.) LEARNED Counsel for the Opposite Party No. 2/Complainant, while refuting the entire grounds of the petitioners, submits that the Petitioner Nos. 1 to 4 in collusion with the remaining petitioners had fraudulently executed the deed of gift, although they do not have any authority over the same. Referring to the survey Khatiyan, learned Counsel claims that the lands stand recorded in the name of the complainants father.