IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2899 of 2009 RAKESH KUMAR GUPTA son of Sri Om Prakash Gupta, Resident of village-Aghoriya Bazaar, P.O. Ramuna, P.S. Kaji Mohammadpur, District- Muzaffarpur. ...Petitioner Versus 1. THE STATE OF BIHAR 2. Munni Devi wife of Late Shyam Narain Prasad, Permanent resident of village- Aghoriya Bazaar, P.O. Ramuna, P.S. Kaji Mohammadpur, District- Muzaffarpur, presently residing at Oriental Club Lane, P.S. Kaji Mohammadpur, District- Muzaffarpur …Opposite Parties ----------- For the petitioner : Mr. Rana Pratap Singh, Sr. Advocate with Mr. Sumant Singh, Advocate For the OP No.2 : None For the State of Bihar : Mr. C. Jawahar, APP -------------- 4/ 28.07.2010 The petitioner seeks quashing of the order dated 25.10.2008 passed by the Additional Sessions Judge-cum- Fast Track Court No. 4th, Muzaffarpur, in Cr. Revision No.87 of 2004, by which he has dismissed the application of the petitioner filed against the order of cognizance dated 13.5.2004 passed by the Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No. 485 of 2003 dated 10.12.2003 under sections 420, 467, 468, 471 and 120-B Indian Penal Code. The case of the opposite party no.2 is that her husband’s niece Reeta Verma sold certain piece of land even though the same did not belong to her. After due investigation, the police submitted final report in the matter considering it to be a case of civil dispute. The opposite party no. 2 was noticed by order dated 13.4.2010, but the service report states that the opposite party no.2 - 2 - could not be traced. Therefore, no one appears on behalf of the opposite party no.2. Submission of the counsel for the petitioner is that he is the purchaser of the land having been sold by Smt. Reeta Verma by a duly executed sale deed and he has no concern with the internal dispute between the complainant and the co-accused Reeta Verma. In view of such, no offence whatsoever is made out against the petitioner much less under sections 420, 467, 468, 471 and 120-B Indian Penal Code. In the fact situation of the case, this application is allowed the order dated 25.10.2008 passed by the Additional Sessions Judge-cum- Fast Track Court No. 4th, Muzaffarpur, in Cr. Revision No.87 of 2004, by which he has dismissed the application of the petitioner filed against the order of cognizance as well as order dated 13.5.2004 passed by the Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No. 485 of 2003 taking cognizance under sections 420, 467, 468, 471 and 120-B Indian Penal Code is hereby quashed in so far it relates to the petitioner only. JA/- (Anjana Prakash, J.)