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2008 Supreme(Pat) 1578

ABHIJIT SINHA
Baliram Prasad, Son Of Shri Kedar Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. One of the three persons arrayed as accused in Complaint Case No.854C of 2002 has preferred this application for quashing of the order dated 6.3.2003 passed therein by the learned Sub Divisional Judicial Magistrate, West Champaran at Bettiah, whereby he has taken cognizance of offences under Sections 420, 465, 467, 471, 120B I.P.C. against all the three accused persons including the petitioner.

2. One Mahadeo Rai, the complainant, impleaded here in as O.P. No. 2, filed the aforesaid complaint inter alia stating that one Anand Bikram Sah, holding a power of attorney, executed a registered sale deed on 23.6.1950 transferring 84 bighas, 1 katha and 16 dhurs of gairmazarua lands appertaining to khata no. 57, plot no. 54 in favour of New Swadeshi Sugar Mills Ltd., Narkatiaganj, and some portions there of was subsequently purchased by the State of Bihar for purposes of rehabilitating the refugees and on some portions thereof some refugees were rehabilitated . It is said that the Mill by a registered sale deed sold the remaining portion of the land to one Subh Narayan Prasad and the complainant and the said land was duly mutated in favour of the complainant vide Mutation Case N








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