This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.11.2014 passed by the Judicial Magistrate, 1st class, Patna, in Pirbahore P.S. Case No.478 of 2013 by which the learned Magistrate has taken cognizance against the Petitioner for the offence under Section(s) 420/34 Indian Penal Code.

2. The prosecution case as per written report filed by the Informant on 02.11.2013 is that there was an auction notice published on 13.03.2013 by the Punjab National Bank for auctioning some properties. The Informant contacted the Petitioner as well as Branch Manager, Mr. S. K. Sharma and partic ipated in “e-auction” for the property mortgaged with Punjab National Bank, Muradpur Branch, Patna, situated in Chandpur Kumharar, P.S.-Kadamkuan, and being the highest bidder his bid was accepted. Accordingly, he made payment of Rs.35,50,000/- through Bank Draft to Muradpur Branch Office of Punjab National Bank. Sale Certificate was issued in favour of Informant by the Bank. It is alleged that Informant later on came to know that land was in prohibited area. There is no ban on sale and purchase of property but any construction cannot be