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2010 Supreme(Pat) 1845

RAKESH KUMAR
Ganga Bishun Sah @ Ganga Bishun Sahu – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Rakesh Kumar, J.

1. Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 29.11.2000 passed by the learned Addl. Chief Judicial Magistrate. Jhanjharpur in G.R. No. 87 of 1998, Tr. No. 1193 of 2000, arising out of Madhepur (R.S. Siwir) P.S. Case No. 17 of 1998. By the said order, the learned Magistrate has taken cognizance of offences under Sections 467, 420 and 120-B of the Indian Penal Code.

2. Short fact of the case is that Opp. Party No. 2 filed a complaint vide Complaint Case No. 12 of 1998 in the Court of the learned Chief Judicial Magistrate, Jhanjharpur, which was referred to the police for its registration and investigation under Section 156 (3) of the Code of Criminal Procedure. Thereafter, a case vide Jhanjharpur P.S. Case No. 17 of 1998 was registered for the offences under Sections 418, 420. 467 and 120-B of the Indian Penal Code. It was alleged in the complaint petition that petitioner Nos. 1 to 4 though were having only one dhur of land in a particular plot, he executed a sale-deed in favour of petitioner No. 2 in excess of the land, which was not in






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