JUDGMENT :

Sanjay Kumar Dwivedi, J.:

After hearing Mr. A.K. Das, the learned counsel for the petitioners, Mr. Jitendra Kumar Pasari, the learned counsel for the O.P. No. 2 and Mr. Bishambhar Shastri, the learned counsel for the respondent State, the judgment was reserved on 15.03.2023.

2. This petition has been filed for quashing of the entire criminal proceeding as well as the order taking cognizance dated 01.02.2013 passed by the learned Judicial Magistrate, Dhanbad in C.P. Case No. 1746 of 2012 whereby he has been pleased to take cognizance under section 420 of the I.P.C, pending in the court of learned Judicial Magistrate, Dhanbad.

3. The complaint has been made alleging therein that the petition dated 01.08.2012 lodged by the complainant against the petitioners and others is that the complainant is the owner of the raiyati land measuring 1.56 acres bearing plot no. 137 within khata no. 23 situates at Mouza Shyamdih, Mouza No. 249 within Katras P.S. in the District of Dhanbad by virtue of sale deed no. 14446 dated 19.08.1968 from Smt. Sharda Kumari for valuable consideration. Since the date of purchase the complainant is in peaceful possession thereof without any interruption whats