JUDGMENT :

1. Heard Mr. Sanjay Prasad, learned counsel for the petitioner, Mr. Shiv Sankar Kumar, learned counsel for the State and Mr. Satyam Kumar, learned counsel for the O.P. No. 2.

2. This petition has been filed for quashing of the entire criminal proceeding including order taking cognizance dated 10.06.2013 in connection with C.P. Case No. 2276 of 2012, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

3. The complaint petition was filed alleging therein that complainant has some ancestral property at Bhago Road No. 4 Jharia which consists three rooms and Parti land and two rooms are being used for his business.

It was further alleged that on 20.09.2012 accused no.1 and 2 namely, Ranjit Pandit and Pradeep Pandit in connivance with petitioner Laxmi Kant Joshi had broken the lock and stolen away one wooden bed one pillow and cash of Rs. 95,000/-.

It was further alleged that after stolen one pillow and bed, the accused no. 3-petitoner got fitted a plywood in the room. On the basis of these allegations, the present complaint has been filed.

4. Mr. Sanjay Prasad, learned counsel for the petitioner submits that the learned court has taken cognizance vide ord