- (1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 20.6.2003 passed in Complaint Case No. 81/2003, whereby and where - under the learned Judicial Magistrate, Chatra has taken cognizance against the petitioner under Sections 420, 467 and 120 -B, IPC.
(2.) THE facts giving rise to the filing of this application are that complainant -opposite party No. 2 filed a complaint case being complaint Case No. 81/2003 stating therein that he has been in physical possession over the land since the date of purchase bearing Khata No. 1 Plot No. 298, area 0.23 decimal as well as of Plot No. 296 area 0.11 decimal and he has been paying rent since then. It is further alleged that neither Madho Mahto and Balchand Mahto have got possession over the land in question nor they have got right, title to sell the same but in a criminal conspiracy petitioner Madho Mahto and Balchand Mahto sold the land in favour of petitioners Amit Kumar Singh and Binit Kumar Singh and petitioner Jugal Mahto identified them in order to grab the land as well as for the purpose to dispossess the complainant. On the basis of complaint petition, an enquiry was held and after examination of some witnesses, cognizance has been taken against the petitioners under the aforesaid sections.
(3.) LEARNED counsel appearing for the petitioners, submitted that this is out and out a case of civil nature and no case under any of the aforesaid sections of IPC has been made out. It is further submitted that from perusal of complaint petition, it appears that no case under Sections 402, 467, 468 and 120 -B, IPC is made out and the learned Judicial Magistrate, without application of mind, acted in the case and held petitioners guilty. The learned Judicial Magistrate has got no power within his competent jurisdiction to decide right title and interest of the complainant or of the accused -petitioners over the land. Further the sale deed in question has not been filed in the Court and if the complaint case is allowed to continue then it will be an abuse of the process of Court.;