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2004 Supreme(Jhk) 1057

HARI SHANKAR PRASAD
Madho Mahto – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

Hari Shankar Prasad, J.

1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 20.6.2003 passed in Complaint Case No. 81/2003, whereby and where-under the learned Judicial Magistrate, Chatra has taken cognizance against the petitioner under Sections 420, 467 and 120B, IPC.

2. The facts giving rise to the filing of this application are that complainant-opposite party No. 2 filed a complaint case being complaint Case No. 81/2003 stating therein that he has been in physical possession over the land since the date of purchase bearing Khata No. 1 Plot No. 298, area 0.23 decimal as well as of Plot No. 296 area 0.11 decimal and he has been paying rent since then. It is further alleged that neither Madho Mahto and Balch and Mahto have got possession over the land in question nor they have got right, title to sell the same but in a criminal conspiracy petitioner Madho Mahto and Balchand Mahto sold the land in favour of petitioners Amit Kumar Singh and Binit Kumar Singh and petitioner Jugal Mahto identified them in order to grab the land as well as for the purpose to dispossess the complainant.

3. On the basis of complaint petiti




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