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2008 Supreme(Pat) 702

ABHIJIT SINHA
Ramchandra Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Abhijit Sinha, J.

1. This application by the three Petitioners who have been arrayed as accused in Complaint Case No. 699(C) of 2005 is for the quashing of the Order dated, 22nd July, 2006 passed therein by Sri Satyendra Singh, Judicial Magistrate, First Class, Buxar, whereby he has taken cognizance under Sections-420, 120B I.P.C against the Petitioners.

2. The Complainant, one Udhari Singh, impleaded herein as Opposite Party No. 2, filed the aforesaid complaint, inter alia, alleging the commission of the offences of cheating and criminal breach of trust. According to the recital in the complaint, Accused No. 3, Muneshwari Devi is aunt of the Complainant and she on 10th October, 2004 executed a Mahadnama, in favour of the wife of the Complainant in lieu whereof a sum of Rs. 50,000 was paid to her in.presence of witnesses and the balance amount was agreed to be paid after execution of the sale deed. It was disclosed that Accused No. 1, Ramchandra Singh, and Accused No. 2, Munji Singh, were respectively the brother and nephew of Muneshwari Devi and that Ramchandra Singh and his son-in-law, Bishwanath Singh, were also witnesses in the Mahadnama. It is alleged that knowing full













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