JUDGMENT :

This criminal writ application has been preferred for quashing of the order dated 21.03.2016 passed by learned Sub-Divisional Judicial Magistrate, Patna City, Patna (hereinafter in short ‘S.D.J.M.’) by which the learned S.D.J.M. has taken cognizance of the offences under Sections 323, 448, 427/34 of the Indian Penal Code in the protest-cum-complaint case no. 1485 of 2014 arising out of Alamganj P.S. Case No. 274 of 2013 and decided to issue summons against the persons named in the complaint petition including the petitioner.

Brief facts of the case

2. It appears on perusal of the records that respondent no. 3 had lodged a Police case being Alamganj P.S. Case No. 274 of 2013 dated 28.07.2013. In his written report to the Officer-in-charge of the Police Station the respondent no. 3 claimed that he had purchased two Katthas of land bearing plot no. 1387 in Khata No. 123, Thana No. 11, Mauja Sandalpur, Bajrangpuri (Payare Lal ka Bag) vide registered sale deed dated 09.01.2002 from one Trimurti Sahkari Grih Nirman Samiti, Lohanipur, Patna (hereinafter called ‘cooperative society’). According to him, his vendor Co-operative Society had purchased the land through a deed of conve