AMARESHWAR SAHAY, J. - (1.) IN this application, the petitioners have prayed for quashing of the order dated 3.9.1998, whereby the prayer for discharge of the petitioners was refused by the Court below.
(2.) THE facts, in short, giving rise to this application are that a First Information Report being Peterwar P.S. Case No. 123 of 1988 was registered under Sections 465, 463, 471, 467 and 120 - B. Indian Penal Code against the petitioner and others after the Additional Chief Judicial Magistrate sent the complaint petition filed by the complainant, Saroj Kumar Pandey to the police for Instituting a case. It was alleged in the complaint that the complainant and five others jointly pur chased Plot Nos. 49 and 50 measuring 3.20 acres of land in village Kurumba. P.S. Chandrapura under Khata No. 306/292 through a registered sale deed on 24.6,1975 from Smt. Ram Pati Devi on a valuable consideration of money. It was further alleged that the accused Nos. 1 to 5 named in the complaint petition wanted to purchase the said very land and therefore when they failed to get the land transferred from the real owner then they in conspiracy with some staff of the Registry Office of Tenughat, made certain interpolation in the. registered sale deed dated 24.6.1975, by which the complainant had purchased the plot Nos. 49 and 50. It was further alleged that in the sale deed dated 24.6.1975 the plot Nos. 49 and 50 were made as Plot Nos. 149 and 150 and thereafter on 2.8.1975 manufactured another sale deed and by impersonating the real owner, Smt. Ram pati Devi, presented a fake sale deed through the accused No. 6 Named, Sanehari Kumbarin by impersonating Rampati Devi the real owner. The matter was reported by the complainant to the Deputy Commissioner, who inquired into the matter and found that interpolations were made in the sale deed dated 24.6.1976.
(3.) IT was further alleged in the complaint petition that the complainant carne to know about the existence of the illegal deed in favour of accused Nos. 1 to 5, one week ago only when they received a notice from the office of the Circle Officer regarding a Mutation proceeding in which the accused had applied for mutation of their names. Thereafter the complaint was lodged in the Court, which was sent to the police for instituting FIR, The police after completion of the investigation submitted charge -sheet on the basis of which cognizance was taken on 2.8.1990 by the Sub - Divisional Judicial Magistrate for the offences under Sections 420, 465, 467, 471 and 120 -B of the Indian Penal Code against the accused persons.;