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2019 Supreme(Pat) 1756

BIRENDRA KUMAR
DHANPAT KUMAR – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
Alok Kumar Sinha, Adv., Shyam Kumar Singh, Adv.

JUDGMENT/ORDER :

Birendra Kumar, J.

Heard learned counsel for the petitioners as well as learned counsel for the State. No one appears on behalf of opposite party No.2 i.e. the complainant of the case, though appearance has been filed through Vakalatnama.

2. By filing this application under Section 482 of the Code of Criminal Procedure, the petitioners have sought for quashment of order dated 28.01.2015, passed by the learned Sub-Divisional Judicial Magistrate, Dalsing Sarai in connection with Ujjiyarpur Police Station Case No.94 of 2014, corresponding to Trial No.1334 of 2015, whereby cognizance has been taken against the petitioners for the offences under Sections 420, 467 and 468 of the Indian Penal Code.

3. The ground of challenge is that none of the offences alleged are made out on bare perusal of the complaint based First Information Report.

4. According to F.I.R., the complainant had purchased the referred land through registered sale deed dated 27.05.2013 from villagers Chand Sharma, Ram Prasad Sharma and Shankar Sharma, all sons of Late Anup Lal Sharma.

5. Claim of the complainant is that the land is recorded in the name of Anup Lal Sharma and the complainant is in possession of

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