- (1.) HEARD learned counsel appearing for the petitioners and learned A.P.P. appearing for the State.
(2.) THIS application has been filed under Section 482, Cr PC for quashing the order dated 25.5.2006 passed by the then Chief Judicial Magistrate, Koderma in Koderma P.S. Case No. 476 of 2004 whereby and whereunder, the Court took cognizance of the offence under Sections 420/465/467/471/34 of Indian Penal Code against these petitioners. The fact giving rise to this application is that the complainant -opposite party No. 2 lodged a complaint stating therein that one Lato Hazam, a rightful owner of the land, sold different pieces of land different plots including 71 decimals of land out of 2.84 acres of land of Plot No. 619 of Khata No. 18 for a valuable consideration and put the complainant to possession over those lands. The complainant having mutated the land in his name has been paying rent to the Government and while the complainant was in peaceful possession of the said land including the land of Plot No. 619, Mahru Hazam and Jago Hazam by hatching conspiracy sold 12 decimals of land of Plot No. 619 belonging to these petitioners situated by the side of the shop of the complainant to Janki Devi, petitioner No. 2, at the instance of her husband, Khub Lal Sao (petitioner No. 1) and thus all the accused persons including the seller, purchaser, as well as scribe and identifier committed offences under Sections 420/423/465/467/468/471 read with Section 120 -B of Indian Penal Code.
(3.) THE said complaint was sent before the concerned police station under Section 156 (3) of Cr PC for institution and investigation. The police after investigating the case submitted charge -sheet and thereupon cognizance of the offences was taken against the accused person including these petitioners.;