According to the companyplainant, the boundary wall erected by him around the said plot was demolished and on inquiry, he came to know that one Prabhu Singh, who had sold the land to the Appellant was the full brother of one Sita Ram Singh, who had earlier sold the entire area of Survey plot No.235 to different persons at different points of time by different sale deeds.
On 28th February, 2006, the Sub Divisional Judicial Magistrate, Patna, took companynizance of the alleged offences and issued process only against the Appellant herein.
The companyplainant alleged that Prabhu Singh, the Appellants vendor and brother of Sita Ram Singh, had acted as an attesting witness in the said Sale Deeds executed by Sita Ram Singh, which indicated that inspite of having knowledge that Sita Ram Singh had sold the lands in question to others, Rama Devi purchased the said lands and in order to cheat the companyplainant, executed the Sale Deed in his favour on 12th February, 2005.
Aggrieved thereby, the Appellant filed Criminal Miscellaneous Petition No.19975 of 2006 before the Patna High Court on 10th May, 2006, for quashing the companynizance taken as also the entire proceedings in Complaint Case No.3714C of 2005 pending before the said Sub Divisional Judicial Magistrate, Patna.
On 20th December, 2006, the Patna High Court dismissed the Appellants aforesaid petition under Section 482 Cr.
P.C., which is the subject matter of challenge in the present appeal.
No.19975 of 2006 dismissing the same.
The Respondent No.2, Birendra Kumar Sinha, filed a Complaint Case No.3714C of 2005 against the Appellant alleging that she had companymitted offences under Section 406, 420, 465, 468, 120 B of the Indian Penal Code IPC by executing a Deed of Sale in his favour, on 12th February, 2005, in respect of a plot of land measuring 1 Katha 5 Dhurs, pertaining to Survey No.235 in Khata No.3 of Mauza Dhelwan under Phulwarisharif S., District Patna, Bihar.
ALTAMAS KABIR, J. Leave granted.
This appeal is directed against the judgment and order dated 20th December, 2006, passed by the Patna High Court in Crl.
