- (1.) Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the opposite party No.2.
(2.) Petitioners have prayed for quashing the order dated 11.4.2007 passed by Sri R.K. Mishra, learned Judicial Magistrate, 1st Class, Latehar, in complaint case No.16 of 2007, whereby, on the basis of the allegations made in the complaint petition, statement of the complainant on S.A., and statements of the witnesses examined at the enquiry stage, the prima facie offence under Sections 149, 468 and 467 of the Indian Penal Code has been found against the petitioners. Petitioners have also prayed for quashing the entire criminal proceeding against them in the said case complaint case.
(3.) The complaint case was filed by the opposite party No.2 in the Court of Chief Judicial Magistrate, Latehar, from perusal of which, it is apparent that there is dispute between the partied for a piece of land bearing Plot No.411, Khata No. 3, measuring 37 decimals, situated in village Karkat, District Latehar. It is stated in the complaint petition that there are four co-sharers of the land, but the petitioners had sold away their shares in the land and they had no concern with eight decimals of the remaining land. Alleging that the petitioners No.1 to 4 sold the remaining land, which was purchased by the petitioners No.6 and 7 in the name of their mother, petitioner No.5, the complaint case was filed in the Court of the Chief Judicial Magistrate, Latehar, which was registered as complaint case No.16 of 2007.;