JUDGMENT :

1. Heard Mr. Rajiv Sinha, the learned counsel appearing for the petitioner and Mr. Fahad Allam, the learned counsel appearing on behalf of the respondent State.

2. Inspite of service of notice, the O.P.no.2 has chosen not to appear. By order dated 18.8.2022 this matter was adjourned with the observation that if the O.P.No.2 will not appear on the next date, the appropriate order shall be passed on the basis of the materials available on record and that is why, this petition is heard on merit.

3. This petition has been filed for quashing of the order taking cognizance dated 15.12.2010 passed by the learned Judicial Magistrate, First Class, Jamshedpur, in C/1 Case No.2358 of 2010 whereby cognizance under section 417 of the Indian Penal Code has been taken against the petitioner, pending in the court of learned A.C.J.M., Jamshedpur.

4. The complaint case was filed alleging therein that complainant along with his brothers Krishna Chandra Das, Hare Govind Das, Lakhi Kant Das, Niranjan Das (since deceased) and the accused Subodh Chandra Das are joint owners of plot no.340, 341, 342, 345 and 346 under khata no.30 measuring 1.64 acres at Mauza Birdha, P.S. Jadugoda. It is further a