KRISHNA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order dtd. 27/2/2018 passed by learned Additional Chief Judicial Magistrate - II, Aurangabad (hereinafter referred to as the "Magistrate") in Complaint Case No. 583 of 2017 whereby and whereunder cognizance has been taken against petitioners under Sec. 417, 420, 120(B) of the Indian Penal Code (hereinafter referred to as the "I.P.C.")

(2.) The complaint case, in brief, is that petitioner no. 2 Suraj Singh, who is gotiya of the complainant, got registered fraudulently sale-deed in the name of Dharmendra Yadav (petitioner no. 5) and other co-accused persons are witness to the sale-deed and thereby committed offence under Ss. 417, 420 and 120(B) of the I.P.C. The learned Magistrate, after carefully perusing the complaint petition, has arrived at a prima facie conclusion against the accused persons (petitioners herein) that the offence under Ss. 417, 420 and 120(B) of the I.P.C. is made out.

(3.) It is submitted on behalf of the petitioners that the present case is purely a civil dispute between the parties. Complainant and petitioners are gotiyas. For the same piece of land, the complainant has earlier filed a title suit, vide Title Suit No. 187 of 2017, on 31/10/2017 against petitioner no. 1 (Krishna Yadav) and petitioner no. 6 (Shyam Bihari Yadav), which is pending before the court of learned Sub-Judge I, Aurangabad. It is further submitted that petitioner no. 2 (Suraj Yadav) has also filed a title suit, vide Title Suit No. 227 of 2016, on 6/5/2016 i.e. prior to the complainant's case, which is also pending before the court of Sub-Judge I, Aurangabad. It is next submitted that the present case has been filed only with a view to put pressure in T.S. No. 227 of 2016, filed from the petitioners' side.