IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43038 of 2008 Kanti Devi & Anr Versus State Of Bihar & Anr ---------------------------- 04. 30.11.2011 This is an application for quashing the order dated 27.5.2008 passed in Complaint Case No.80 (C ) of 2008 by Sri S. K. Upadhyay, Judicial Magistrate, Ist Class, Danapur, Patna, whereby cognizance under Sections 147,323, 379 and 504 of the I.P.C. has been taken against the petitioners, besides other accused persons. The petitioners also pray for quashing of their consequential criminal prosecution in the aforesaid Complaint Case No.80 (C ) of 2008 pending in the Court of learned Judicial Magistrate, Ist Class, Danapur, Patna. Heard learned counsel for the petitioners and learned counsel for the State. Complaint case, in brief, is that complainant had purchased one Kattha and ten dhoor of land in Thana No.51, Tauzi No.5452, Khata No.185, Khesra (Plot) No.1030 on 24.12.2002 and came in possession of the same, but later with ill-motive all the accused persons made a conspiracy to grab her land. She was paying money to accused Nizamuddin for obtaining rent receipt. On 01.6.2007, all the accused persons obtained her thumb impression on stamp and plain papers, later she could know about execution of a Power of Attorney in favour of Bhola Sharma. All were making pressure to give up her claim over the land. Bhola Sharma threatened that land is transferred in his favour by the complainant, so do not try to go over the land otherwise would face dire consequences. Power of Attorney was executed in favour of Bhola Sharma that was cancelled by the complainant on 27.01.2008. All the persons came to her house abused, assaulted and Bhola Sharma snatched his chain of gold. There is no specification of the words of abuse or nature of the assault and rest of the allegations is against Bhola Sharma. Accused Nizamuddin is dead now. So, no offence is made out against these petitioners. Accordingly, this quashing application is hereby allowed and order dated 27.5.2008 for taking cognizance against these petitioners in connection with Complaint Case No.80 (C ) of 2008 by J.M., Ist Class, Danapur, Patna is hereby quashed. Vikash ( Mandhata Singh, J.)