D. K. Sinha, J. - (1.) The petitioners herein have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceedings as well as the order dated 26-2-2005 passed by the Chief Judicial Magistrate, Saraikella in C/1 Case No. 105 of 2004 whereby and whereunder the cognizance of the offence against the petitioners was taken under Sections 406/ 420 of the Indian Penal Code.
(2.) The brief fact of the case is that the opposite party No.2-complainant filed a complaint case being C/1 Case No. 105 of 2004 against the petitioners stating therein that he was authorised by Diocesan Corporation, Charitable Organisation Registered, under the Registration of Society Act, 1860 to institute the case on behalf of the said Charitable Organization. The Corporation had purchased some lands in village Pindrabera, P.S. Gamharia and village Baragamria from the accused persons with a view to start a school for the purpose of upliftment of educational quality. The father of the petitioners, Meghraj Tulsiyan along with the accused persons had approached the said corporation with offer to sell the said lands and accordingly they sold the land of Pindrabera and the sale deed was executed by Meghraj Tulsiyan for 52 decimals of land at Mouza Pindrabera against consideration of Rs. 1,70,000/- vide sale deed No.3024 dated 30-8-1996. The petitioner Govind Tulsiyan also sold 52 decimals of land of Mouza Pindrabera against the same consideration of money vide sale deed No. 3042 dated 31-8-1996 and he further sold another 52 decimals of land from the same Khata and plot against the same consideration of Rs. 1,70,000/- vide sale deed No.3065 dated 4-9-1996.
(3.) The petitioner Manohar Tulsiyan also sold similar area of land of villiage Pindrabera on a consideration of Rs. 1,70,000/- and similarly the petitioner, Kaushalya Devi also sold 52 decimals of land of khata No.7 1, plot No. 775(A) of the same Mouza against the same consideration vide sale deed No. 3045 dated 279-1996. It is further stated that after about eight years in the month of January, 2004 when the said corporation started construction work of brick wall around the said lands and also constructed a shed, the work was stopped by Gamharia police orally on ground that it were the disputed lands. The matter was verified from the Circle Officer, Gamharia and it was conveyed that the land were disputed and ownership questionable which was within the knowledge of the petitioners before the execution of the sale deeds in favour of the corporation. The corporation in good faith had purchased the lands. It is alleged that the petitioners along with their father (since dead) cheated the corporation by dishonestly inducing to deliver the amount over the disputed land. Finally it was stated that the corporation tried its best level to settle the dispute with the accused persons with suitable proposal but of no avail. Hence this ease for the offence under Section 406/420 of the Indian Penal Code against the petitioners.;