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2010 Supreme(Jhk) 850

M.Y.EQBAL
Brajnandan Singh Bhonsle – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : S.K. Srivastava and Rupesh Rai.

ORDER

M.Y. Eqbal, J.

1. By this application the petitioners have prayed for quashing the order dated 27 8.2004 Passed by the Chief judicial Magistrate, Ranchi in Bariatu P.S. Case No. 32/2002, where by he has taken cognizance for the offence under Sections 467, 468, 471, 419 and 120B IPC, although in the final report the police found that it was a civil dispute related to land and the civil matter is pending in court.

2. The opposite party No. 2, Professor Satish Kumar claiming himself to be the son-in-law and power of attorney holder of Bhagwan Prasad Singh lodged a complaint against the petitioners, alleging, inter alia, that his father-in-law purchased a piece of land through a reregistered deed of sale in the year 1963 from Smt. Indu Rai. After purchase Bhagwan Prasad Singh alleged to have erected boundary wall around the land, constructed one small room and planted some trees. Further allegation is that on 26.10.2001 when the complainant went to see the land he found that wall was broken from the side of the house of petitioner No. 1. The accused petitioner No. 1, Dr. B.N.S. Bhonsle told him that Bhagwan Prasad Singh sold the land to him by registered deed of sale dated 15.1.90 a

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