RONGON MUKHOPADHYAY,J. - (1.) HEARD Mr. Deepak Kumar Bharati, learned counsel for the petitioner and Mr. P. S. Dayal, learned counsel for the opposite party No. 2.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 49 of 2002(A) including the order dated 11.06.2003 passed by Shri S. N. Mishra, learned Judicial Magistrate, 1st Class, Khunti whereby and whereunder, cognizance has been taken for the offence punishable under Sections 342,420 of the Indian Penal Code.
(3.) THE prosecution story as would appear from the complaint petition instituted by the complainant -opposite party No. 2 in brief is that lands measuring a total area of about two acres situated in R.S. Plot Nos. 3290, 3294, 3293/3694, 3296 and 3595 under Khata No. 142 situated at Mauza Torpa, P.S. Torpa, District Ranchi were jointly owned and possessed by Harakh Nath Ghasi, deceased father of the complainant, and Rit Bhanjan Ghasi and their names were jointly recorded in the Revisional Survey Record of Right. It has been stated therein that lands mentioned were in peaceful cultivating possession of the deceased father of the complainant. It has been alleged that in order to grab the land the deceased father of the complainant was kidnapped on 21.04.1970 and forcibly made him take liquior and under threat of death took his signature on stamp paper and on other papers. It has also been alleged that the accused No. 1 (Petitioner) forcibly took the deceased father of the complainant to the Sub -Registration Office at Khunti and got the sale deed executed and registered in his own name without giving any consideration amount. It has also been alleged therein that although the father of the complainant died in the year 1970 the complainant could only come to know about the entire incident on 05.07.2002 and on obtaining the certified copy of the sale deed, gave a written report to the police for instituting a case and on refusal by Torpa police, a complaint case was lodged. After an enquiry was conducted under Section 202 Cr.P.C. by examining the complainant on solemn affirmation as well as his witnesses cognizance was taken for the offence punishable under Sections 342,420 of the Indian Penal Code.;