RONGON MUKHOPADHYAY,J. - (1.) In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Sadar P.S. Case No. 1017 of 2008 which has been instituted for the offences punishable under Sections 420, 467, 468, 471, 474 & 120B of the I.P.C.
(2.) The prosecution story as would appear from the FIR is to the effect that the petitioners had shown their willingness to sell the land situated at Khata No. 79, Plot No. 1030, Mauza Korra to the opposite party no. 2 showing themselves as the owner of the land pursuant to Partition Suit no. 107 of 1987. Allegations have been levelled that on the basis of documents shown by the petitioners, the opposite party no. 2 has purchased 0.07 decimals of land out of 0.71 decimals for a consideration amount of Rs. 26,250/- in the name of his wife through registered deed of sale. It has further been alleged that on 25.08.2008 when the opposite party no. 2 had went to see his land, he found the pillars which had been constructed were demolished and on inquiry it came to his knowledge that the land situated at Khata No. 79, Plot No. 1030, Mauza Korra have been claimed by the son of Late Shyam Narayan Prasad Yadav. On asking the petitioner no. 1, it was informed that the partition suit and the decree are genuine and the petitioners are the lawful owners of the land. It has also been alleged that when the opposite party no. 2 met with one Vijay Yadav, he was told that the land in question was purchased by the father of Vijay Yadav and the Title Suits being T.S. Nos. 362/21 and 363/21 have been instituted and the claim was decided against the petitioners. Further allegation has been made in the written report is that the accused persons had concealed the actual fact and had played fraud upon the Court and based on a fraudulent partition deed and decree had sold the land to the wife of the opposite party no. 2.
(3.) Heard Mr. Rajesh Kumar, learned counsel for the petitioners, learned A.P.P. for the State and Mr. Mohit Prakash, learned counsel for the opposite party no. 2.;