1. The present criminal miscellaneous petition has been filed for quashing the entire criminal proceeding arising out of Complaint Case No.405 of 2008 (T.R. No.1039 of 2009), including the order dated 16th January, 2009 passed by the learned Judicial Magistrate, 1st Class, Ranchi by which cognizance of offences under Sections 420 and 468 of the Indian Penal Code has been taken against the petitioner.

2. The brief background of the case as culled out from the petition is that the opposite party no.2 instituted a complaint being Complaint Case no.405 of 2008 against the petitioner, alleging, inter alia, that the opposite party no.2 was in peaceful possession of the dwelling house, known as ‘Gangotri’ under R.S. Plot no.487(B) in Mauja Hatma, under Lalpur police station, Thana no.200, District Ranchi, corresponding to Ranchi Municipal Holding no.208 under Ward no.18, having total area of 13 Kathas. A partition suit being Partition Suit no.200 of 1993 was filed by the brother of the opposite party no.2, namely, Sanjiv Sinha, however, during pendency of the said suit he died and the suit got abated. After about four years, the petitioner was impleaded as party to the aforesaid