IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22821 of 2000 RAJENDRA PRASAD SRIVASTAVA & ORS Versus STATE OF BIHAR ----------- 3. 24.6.2010. None appears for the petitioners and I have heard Sri D.Mehta, learned A.P.P. for the State. The petition has been filed by the petitioners who were summoned by order dated 19.7.2000 by Sri A.K.Gupta, Judicial Magistrate, Bettiah in Complaint Case No.817C of 2000(Tr.No.1087 of 2000)for committing offence allegedly under Sections 420 and 467 etc of the Penal Code. The allegation was that in spite of being a partition mutually reached between the complainant and the petitioners, the petitioners executed a deed of sale in respect of a particular land which had been allotted to the share of the complainant. Admittedly, there was no partition by any decree of the Civil Court or by any legal instrument. Annexure-2 is a deed of sale executed by the original owner of the plot no.396 and it is indicated by the recital of the deed that it was sold to the petitioner Rajendra Prasad Srivastava and others. No one has appeared but contention appears to be made - 2 - in the petition that it was his land and he had not committed any offence and even accepting the facts to be true on their face value considering that the land belonged to him, he had not committed any offence. The deed of sale Annexue-2 shows that the land definitely belonged to petitioner Rajendra Prasad Srivastava and others and if they had executed the sale-deed in respect of the property, it could not be constituting an offence. In the result, this petition succeeds the order dated 19.7.2000 passed in Complainant Case No.817C of 2000 is hereby quashed. B.Kr. ( Dharnidhar Jha, J. )