Shailendra Singh, J.—Heard Mr. Arun Kumar, learned counsel appearing for the petitioner, Mr. M. Dayal, learned APP appearing for the State and Mr. Narendra Kumar, learned counsel appearing for the informant (O.P. No. 2).

2. The present criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’) with a prayer to quash the order dated 08.08.2014 passed in Complaint Case No. 703(C) of 2013 by the court of Judicial Magistrate, 1st Class, Danapur by which the cognizance of the offences punishable under Sections 323, 420 and 504 of the Indian Penal Code, 1860 (in short ‘IPC’) has been taken and the petitioner and co-accused persons have been summoned to face trial for the said offences.

3. Mr. Arun Kumar, learned counsel appearing for the petitioner submits that the petitioner and other accused persons are completely innocent and have not committed the alleged offences, in fact the complainant himself is an offender and accused of forging a sale deed in respect of the land in question and when one Shri Sunil Kumar, son of the accused Vijay Kumar Singh, filed a Complaint Case No. 481(C) of 2013 on 02.05.2013 against the complainant/O.P. No. 2, his vendor Gopal Prasad and others, then the O.P. No. 2 filed his case as a counterblast and also that at the instance of his vendor Gopal Prasad and further on the basis of complaint case No. 481(C) of 2013, Danapur P.S. Case No. 378 of 2013 was registered for the offences under Sections 120B, 387, 436, 465, 466, 467 and 468 read with section 34 of the IPC and Section 27 of the Arms Act, in which the complainant/O.P. No. 2 has been chargesheeted and in this regard, Annexure- 3 filed with this petition is relevant. It is further submitted that said Gopal Prasad, vendor of complainant, was secretary of the Society in question from 1983 to 31.12.1990 but the managing committee of the said Society was on suspension from 01.01.1991 to 17.12.1997, as such, the said Gopal Prasad was not the secretary of the Society during the said period but even then in that period, he made several persons as members of the Society and sold several plots of the Society to various persons including the land (Plot No. 934, Khata No. 256) purchased by the complainant on 23.07.1992. The illegal acts of Gopal Prasad were challenged under section 48 of the Bihar Co-operative Societies Act, 1935 by filing Misc. Case No. 192 of 2000 in the court of the District Co-operative Officer, Patna in which all the acts of Gopal Prasad i.e. making of members and selling of lands or plots between 01.01.1991 and 17.12.1997 were declared as illegal by the order dated 07.06.2001 and the said order has attained finality, so, in view of this position, the sale deed of the complainant/O.P. No. 2 also stands vitiated and in this regard, the order dated 07.06.2001 passed in Misc. Case No. 192 of 2000 is relevant and the same has been filed as Annexure- ‘4’ to the present petition.

4. Learned counsel has further submitted that the petitioner and co-accused Abhay Kumar Singh and Vijay Kumar Singh being members of the Society were elected as Secretary, President and Vice-President of the Society on 31.12.2024 and all of them are opposing the illegal acts of said Gopal Prasad, consequently, due to rival reasons, several cases in co-operative courts and criminal courts have cropped up in between them and the two groups of the members of the Society and the instant case is one of them. It has been further submitted that said Gopal Prasad has also filed a Complaint Case bearing No. 846(C) of 2013 on 19.07.2013 against the petitioner and other accused persons, in which cognizance of the offences punishable under Sections 403 and 417 of the IPC has been taken and the same has been challenged by filing criminal Revision Case No. 3974 of 2014 before the court of learned Sessions Judge and the same is pending.

5. Learned counsel has further submitted that the alleged offences of which cognizan