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2006 Supreme(Pat) 1065

SHEEMA ALI KHAN
Md. Abdul Raquib Alias Abdul Raquib – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard the learned counsel for the petitioners and for the State.

2. The case of the petitioners is that in the first information report was lodged on 18.6.2003. After investigation the case was not found true, however before the submission of the final form itself the complainant had filed a protest petition. The protest petition is also annexed as Annexure-3 to this application. The allegations by the Opposite Party No. 2 are that he is the owner of Khata No. 105, Khesara No. 175 measuring 1 acre 28 decimals which he had purchased from Maqbool Ashraf son of Late Mahmud Ahashan. The further allegation is that two persons namely Md. Abdul Raquib and Md. Fazal Rahman had sold plot no. 175 to one Mahendra Prasad, and Chandeshwar Prasad had identified the purchaser. It is alleged by the complainant that these persons have committed forgery and wrongly sold of that land in question which actually belongs to the Opposite Party. After the protest petition was filed, witnesses were examined on behalf of the complainant who have supported the allegations made in the protest petition-cum-complaint petition in which it is said that the land which has been sold by Md. Abdul Raqib an












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