- (1.) THIS application has been filed for quashing of the order dated 1.3.2005, passed in P.C.R. Case No. 249 of 2004, whereby and whereunder, the then Additional Chief Judicial Magistrate, Rajmahal took cognizance of the offences punishable under Sections 120B, 420, 467 and 368 of Indian Penal Code against the petitioners and others including Nirmal Kedia (accused no. 9) and Piyush Kedia (accused no. 8).
(2.) ACCORDING to the case of the complainant as it appears from the complaint petition, certain piece of land had been purchased/acquired by the complainant from one Baijnath Kedia either in his name or in his brother's name, but same land was sold by Nirmal Kedia (accused no. 9), son of Baijnath Kedia, and Piyush Kedia (accused no. 8), grand -son of Baijnath Kedia, to these petitioners though the land after being sold by Baijnath Kedia never belongs to them. On such allegation, complaint bearing P.C.R. Case No. 249 of 2004 was instituted in which cognizance of the offences punishable under Sections 120B, 420, 467 and 368 of Indian Penal Code was taken against the petitioners and others including Nirmal Kedia (accused no. 9) and Piyush Kedia (accused no. 8). That order is under challenge.
(3.) MR . Rajeeva Sharma, learned counsel appearing for the petitioners, submits that accepting the entire allegation made in the complaint to be true, no offence whatsoever is made out either under Section 420 or under Sections 467 and 368 of Indian Penal Code against the petitioners and that the order taking cognizance has already been quashed by this Court so far as accused namely, Nirmal Kedia and Piyush Kedia, are concerned, for the reason that the case of the complainant lies within the realm of civil dispute.;