- (1.) Heard Mr. Laljee Sahay, learned counsel appearing on behalf of the petitioner and the learned counsel for the State. No one appears on behalf of the opposite party No. 2. At the outset, learned counsel for the petitioner submits that petitioner No. 1 is no more and therefore, he is pressing this application on behalf of petitioner No. 2.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Complaint Case No. 603 of 2003 including the order dated 27.1.2004 passed by the learned Chief Judicial Magistrate, Ranchi, whereby and whereunder, cognizance has been taken for the offence punishable u/s 420/120B of the Indian Penal Code (IPC).
(3.) It appears that a complaint case was instituted by the opposite party No. 2 herein in which it was stated that he has purchased a piece of land measuring 10 Kathas and 6 Chatak, M.S. Plot No. 556/ 540 vide registered deed No. 1125 dated 12.12.1985 from one Harihar Prasad Sahu son of late Mathura Prasad. After purchase of the aforesaid plot of land, the complainant has constructed a building over the same and he used to pay the rent to the Government after getting it mutated. It was further alleged that the complainant came to know that a portion of the land has been mutated in favour of the accused and on enquiry he could come to know that about 10 Kathas of land has been dishonestly purchased by the accused persons on the basis of false registered deed. It was also alleged therein that the accused No. 1 (petitioner No. 1) got his name mutated by giving false statement.;