Rongon Mukhopadhyay, J. - (1.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with P.C.R. Case No. 25 of 2013 including the order dated 18.4.2013 passed by learned Chief Judicial Magistrate, Sahibganj, whereby and whereunder, cognizance has taken for the offences punishable u/s. 467, 468, 420, 120A, 323, 504 and 34 of the Indian Penal Code (IPC).
(2.) A compliant was made by one Mina Kumari wherein it was alleged that her father -in -law, namely, Pratap Chandra Choudhary was the owner of a piece of land bearing J.B. No. 4/496, J.B. No. 275/721, J.B. No. 113, 155/433, J.B. No. 9/496 measuring 26 Bighas, 11 Katha, 16 Dhurs, 10 Dhurki situated within Sahibganj. A partition suit being Title (P) Suit No. 07 of 1993 was filed and pursuant to the decision in the suit, the land measuring 4 Bighas, Katha and 15 Dhurs came in the share of accused Dilip Chaudhary. An appeal was preferred being Title Appeal No. 07 of 2005, but the same was also dismissed on 25.2.2008 and against that a Second Appeal has been instituted which is still pending. It has been alleged that Dilip Choudhary with an intention to grab the land of the complainant fraudulently executed a sale deed dated 28.8.2006 in the name of his wife Mira Devi and in the said sale deed, the land of the complainant was also included. Allegation has been made that Mira Devi has sold the land measuring 5 Katha to the petitioner for which a sale deed dated 3.8.2012 was executed. Upon conducting an enquiry u/s. 202 Cr.P.C. by examining the witnesses and the complainant on S.A., the cognizance was taken for the offences punishable u/s. 467, 468, 420, 120A, 323, 504 and 34 of the Indian Penal Code (IPC) vide order dated 18.4.2013.
(3.) Heard Mr. Gautam Kumar, learned counsel appearing for the petitioner, Mr. Shekhar Sinha, learned APP appearing for the State and Mr. Rajeeva Sharma, learned senior counsel appearing for the opposite party No. 2.;