Rongon Mukhopadhyay, J. - (1.) Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioner, learned A.P.P. appearing for the State and Mr. K.K. Singh, learned counsel for the opposite party No. 2.
(2.) In this application, the prayer of the petitioners is for quashing the entire criminal proceedings in Complaint Case No. 910 of 2013 including the order dated 07.12.2013 passed by the Chief Judicial Magistrate, Hazaribagh by which cognizance has been taken under Ss. 147, 323, 504, 506 of I.P.C.
(3.) A complaint case was instituted by the complainant - opposite party No. 2 against the present petitioners in which it has been averred that a piece of land having an area of 0.10 acres situated at Mouza Cantonment under Thana No. 157, Khata No. 84 (now 84/358), Plot No. 415 was purchased in the name of the mother and the aunt of the complainant from one Shashi Kant Chaudhary by virtue of registered sale deed No. 1224 dated 10.11.1986. Upon such purchase, a dwelling house was constructed over the same. Before registration of the land, Shashi Kanti Chaudhary got a proposed house sanctioned vide Case No. 87/B in the year 1980 -81. It has been stated in the complaint petition that the husband of the petitioner No. 1 had also purchased a piece of land having an area of 0.18 acres from one Hiyalal Singh vide registered sale deed No. 1821 dated 25.01.1971. Allegation has been made that by suppressing actual facts and by conniving with the scribe made false statement in the sale deed and 0.15 acre or more land was forcibly occupied. It has also been alleged that on 10.05.2013, the petitioner No. 1 had started demolishing the boundary wall of the complainant with the help of labourers to which the complainant had objected. A proceeding under Sec. 144 Cr.P.C. has been started at the behest of the complainant before the learned S.D.M., Hazaribagh which was subsequently sent for inquiry. On 14.05.2013, the accused persons in order to grab the property of the complainant had once again started demolishing the boundary wall. It is also been alleged that at the behest of the accused persons one Nivas Sharma @ Ashok Sharma who is involved in several criminal cases had reached the place of occurrence along with his associates and the accused persons have also actively participated in the assault made to the complainant resulted in her suffering injuries.;