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2019 Supreme(Pat) 404

AHSANUDDIN AMANULLAH
Musafir Rai @ Mosafir Rai Son of Ram Awtar Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sunil Kumar No. III, Advocate
For the State :Ms. Asha Kumari, Mr. Rajesh Ranjan, Advocate

JUDGMENT :

1. Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) for the following relief:

“That this is an application for quashing of the order dated 01.04.2013 passed by District and Session Judge East Champaran, Motihari in Cr. Revision No. 100 of 2012 and the order dated 16.01.2012 passed by learned Judicial Magistrate, Sikarahana at Motihari, East Champaran whereby and whereunder took cognizance against the petitioner under section 420 and 468 of the Indian Penal Code, vide Trial no. 2589 of 2012 arising out of complaint case No. C 637 of 2011.”

3. The allegation against the petitioner is that after selling a piece of land in favour of the mother of the opposite party no. 2, through a registered sale deed on 28.07.1990, now the petitioner was taking the stand in the market that the land belonged to his wife and, thus, the sale deed executed in favour of the mother of the petitioner on 28.07.1990 was of no value.

4. Learned counsel for the petitioner submitted that from the plain

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