Shiva Kirti Singh, J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State. Inspite of name of counsel for the complainant appearing in the daily cause list on two successive dates, he has chosen not to appear and contest this quashing application.
(2.) The petitioners have prayed for quashing the entire criminal prosecution vide Complaint case no. 1783(c)/1998 pending in the court of Judicial Magistrate, 1st class, Patna and also the order of cognizance passed on 9-6-1999 for offences under sections 181, 420, 465 and 120B of the Indian Penal Code.
(3.) Petitioner No.2 is elder brother of the complainant/ O. P. No. 2 and petitioner No.1 is wife of petitioner No.2. From the averments in the complaint petition it appears that father of the complainant died in 1973 leaving behind his widow Smt. Ram Shringari Devi, three sons and four daughters. The names of all the heirs are mentioned in the complaint petition. In 1977 Rental Flat No. 423 in Kankarbagh, Patna was allotted by the Bihar State Housing Board to Smt. Ram Shringari Devi, mother of the complainant. She died in the year 1984. As per complaint petition the complainant or other heirs took no interest in continuation as tenant of the Rental Flat No. 423 and admittedly no rental including arrears were paid by any of the heirs till in the year 1990 petitioner No.1 applied for taking Rental Flat in question on rent in her name. Allegedly in that application she did not disclose the correct facts and full details of sons and daughters of Smt. Ram Shringari Devi and claiming her husband to be the sole heir in respect of Smt. Ram Shringari Devi, she applied for taking the flat in question on rental and her prayer was allowed.;