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1998 Supreme(Pat) 858

P.K.SARKAR
Leela Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Sarkar, J.

1. This application has been filed for quashing the order dated 27.8.1993 passed by Sri D.K. Sharma, Judicial Magistrate, 1st Class, Gaya in C.654 -93/740 -93

2. The brief facts leading to this application appears to be that O.P. No. 2 filed a complaint petition in the Court of the Chief Judicial Magistrate, Gaya, stating that he has purchased a piece of lard at Village Bodh Gaya, P.S. Bodh Gaya through two registered sale-deeds dated 17.6.88 from accused Ram Bilash Ram and Rajendra Prasad who are accused Nos. 2 and 3 respectively, after paying the consideration amount to them. After purchase the complainant went to take possession over that land but it was objected by Ragho Prasad, Kanhai Prasad and Sitaram Prasad who told the complainant that they had already purchased the lands in the year 1969 in the names of their wives Krishna Devi, Nageshwari Devi and Binda Devi. Hence, the aforesaid complaint was filed. The Chief Judicial Magistrate transferred the case to Sri D.K. Sharma, Judicial Magistrate, 1st Class, Gaya under Section 192, Cr PC who examined some witnesses under Section 202 Cr PC and after perusing the evidences and the materials on record issued



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