GULABIA RAJWARIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for quashing the entire criminal proceeding including the order taking cognizance dated 23rd May, 2006, whereby learned Sub -Divisional Judicial Magistrate, Giridih has taken cognizance of the offences under Sections 467, 468, 471, 420, 120B, 506 and 323 of the Indian Penal Code.

(2.) IN the complaint made against the petitioners, it has been stated, inter alia, that the land of Khata No. 219, Plot Nos. 925, 901, 902, area 90 decimals was purchased by Smt. Prabhawati Devi -mother of the Opposite Party No.2, by virtue of a registered sale deed dated 15th September, 1973 from the vendors -Basudeo Prasad Sahu, Sitaram Sao and Jagdish Sao and, thereafter, she had come in

(3.) LEARNED counsel appearing on behalf of the petitioners submitted that the Petitioner Nos. 1 to 3 claim to be the persons who have inherited the land. Such claim of the complainant gives rise to a cause of action for a civil action and the criminal proceeding is unwarranted and is abuse of the process of the Court. Learned Court below without appreciating the same has erroneously taken cognizance of the offences under the said penal Sections against the petitioners. The said order as also the entire criminal proceeding are bad in law and unsustainable.