IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4004 of 2009 JAI GOPAL SINGH S/O LATE RAMDEO SINGH Versus 1. THE STATE OF BIHAR 2. RAJ KESHWAR SINGH S/O BALIRAM SINGH ----------- 2. 04.08.2010 The petitioner seeks quashing of the entire proceedings including the order dated 14.5.2008 passed by Chief Judicial Magistrate, Kaimur at Bhabua in Bhabhua P.S. Case No. 432/07 by which he has taken cognizance under Sections 468,467,471,420,406/120 (B) of the I.P.C. The opposite party who was the present secretary of “Atharhgawa Kushwaha Kalyar Parisad, Hariharpur” alleged that the petitioner who was the then secretary of the organization has sold 50 decimal of organizational land to one Bijay Bahadur Singh without any authority. It has been submitted that the petitioner and the opposite party no. 2 were in fact agitating for the post of Secretary and on account of which a Title Suit was instituted by the petitioner. It has further been submitted that the father of the opposite party no. 2 who was the President had also filed a Title Suit with regard to the said post in the organization. It has been submitted that the petitioner had - 2 - sold the organizational land to Bijay Bahadur Singh on the direction of the President which is evident from the sale deed itself. Considering the nature of allegation in the complaint and also the background in which the present complaint has been instituted, in my opinion no offence whatsoever is made out against the petitioner since, in the facts, it cannot be said that the sale deed was forged or the petitioner had misrepresented to anyone thereby cheating him or misappropriated any property. In view of such this application is allowed and the entire proceeding including order dated 14.5.2008 passed by Chief Judicial Magistrate, Kaimur at Bhabua in Bhabhua P.S. Case No. 432/07 by which he has taken cognizance, is hereby quashed. Fahad. (Anjana Prakash, J)