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2010 Supreme(Pat) 2266

AKHILESH CHANDRA
Basanti Devi Wife Of Chandrika Sinha – Appellant
Versus
The State Of Bihar And Kedar Sao Son Of Late Basudeo Sao – Respondent


JUDGEMENT

Akhilesh Chandra, J.

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Perused supplementary affidavit filed on behalf of learned Counsel for the petitioner. None turned up on behalf of learned Counsel for the complainant opposite party No. 2 in spite of appearance in the case much before.

3. This is an application under Section 482 of the Criminal Procedure Code seeking quashing of order dated 10.06.2005 passed in Complaint Case No. 443/2003/858/2006 by learned S.D.J.M. Jehanabad taking cognizance of the offence under Sections 467, 468/34 of the Indian Penal Code.

4. The complainant opposite party No. 3 filed the complaint with assertion that in the year 1960, five decimals of land was purchased, out of which over four decimals land house was constructed, remaining was left for kitchen garden, but on 08.11.2002, the petitioner arrived and tried to make construction by taking possession, on objection, it reveals that he also got a sale deed with respect to one decimal land left over as early as in the year 1992. So, averting that in face of earlier transfer subsequent sale deed is nothing but an fraudulent act. After inv



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