AHSANUDDIN AMANULLAH
Sachindra Mishra @ Sachindra Kumar Mishra, Son of Mahendra Mishra – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the petitioner; learned APP 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 for the following relief :
“That in the instant application, the prayer of the petitioner is for quashing the order dated 5-06-14/5-05-14 passed by the learned C.J.M. Motihari in Motihari Town P.S. Case No. 156/2000 corresponding to Tr. 4300/14 whereby and where under cognizance u/s 420, 467, 468 and 120 (B) of the I.P.C. has been taken against the petitioner and other co-accused.”
3. The allegation against the petitioner is that in connivance with other accused, who was the owner of the land in question, he has got the same registered in his name, even though it had already been bought by the opposite party no. 2 complainant earlier from the same land owner.
4. Learned counsel for the petitioner submitted that making the petitioner an accused is absolutely an abuse of the process of the Court as he is not a buyer of the land belonging to other co-accused. It was submitted that the owner had registered the land in question in favour of the petitioner and, thus, if a
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