(1.) In the instant application, the petitioners pray for quashing of the entire criminal proceeding including the order dated 02.09.2015 passed by the learned SubDivisional Judicial Magistrate, Ranchi, in Complaint Case No. 1438 of 2014, whereby cognizance has been taken for the offence under sections 420 and 406 of the Indian Penal Code against the petitioners.
(2.) Having heard the learned counsels for both the parties and on going through the averment made in Complaint Case No. 1438 of 2014, it transpires that O.P. No. 2, i.e., the complainant has stated that the land, described in the complaint petition, was allotted to the share of his grand-father (late Bajrang Bihari Lal) in Partition Suit no. 98 of 1945. That during his life time, Late Bajrang Bihari Lal, partitioned the property amongst his four children i.e., his son, Sanat Kumar Lal, who is arrayed as an accused No.1 in the instant complaint case, and his three daughters namely, late Sifalika Prasad, late Swarn Rekha Lakhiyar (mother of O.P No.2) and Smt. Jyotsna Srivastava. Late Bajrang Bihari Lal died in the year 1980. In the complaint, reference has been made to the provisions of Hindu Succession Act of 1956, and it is stated that the mother of the complainant (O.P. no.2) was allotted a share in the said land. It is stated that on 09.05.2012, O.P. No.2 suffered brain haemorrhage and was admitted to hospital for treatment and his mother was attending and taking care of him. It is alleged that during the said period, his mama (maternal uncle) (accused no.1) i.e., Sanat Kumar Lal and his mami (maternal aunt), Prabha Sinha (co-accused) vide registered sale deed no. 6422 / 5609 dated 09.05.2012, transferred the land to the petitioners, i.e., accused no. 2 and 3 for a consideration amount of Rs.12,60,500/-. On being discharged from the hospital, when he returned home, his cousin mama and mami informed him that Sanat Kumar Lal and Prabha Sinha have sold the land, comprising the share of land belonging to his mother, to the petitioners. It is alleged that he approached the petitioners to return the land but they threatened and abused him. That he met his mama and mami and asked them to return the share of land belonging to his mother but they did not pay any heed. Thereafter, he approached the police authorities but they did not take any action, rather said that since the dispute was regarding the sale of land, therefore, he should approach the competent court. Accordingly, the complaint was lodged.
(3.) On perusal of the order dated 02.09.2015, it is evident that the court, on perusal of the complaint, and on the basis of the statement of O.P. No.2, has held that a prima facie case under sections 420 and 406 of the Indian Penal Code is made out against all the four accused person.