Aditya Kumar Trivedi, J.

1. Petitioner who happens to be one of the accused of Town P.S. Case No.502 of 2011, Trial No.175 of 2016 pending before Sub-Judge, IXth-cum-A.C.J.M., Muzaffarpur is found offended on account of refusal of his prayer so made under Section 239 Cr.P.C., vide order dated 22.01.2016, filed instant petition challenging the same.

2. Sanjay Kumar Lal, O.P. No.2/complainant filed complaint petition before the learned Chief Judicial Magistrate alleging inter alia that as he along with his father succeeded in getting sale deed in their favour relating to land bearing Khata No.122, Khesra No. 614(ka)(kha), Area 7 dhur vide sale deed dated 26.12.2007 as well as 16.01.2008, the accused persons became aggrieved thereby whereupon entered into criminal conspiracy to cause injury upon their legal right, got a Mahadanama executed by Chameli Devi, wife of Keshavchandra Aadak relating to the aforesaid land in name of Vishwanath Prasad (Father) and on account thereof Town P.S. Case no. 450 of 2009 was registered. Subsequently thereof, proceeding ahead under aforesaid criminal design, the accused persons conspired whereunder accused Harishankar Prasad got sale deed in favou