IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3110 of 2009 1. RAM LAXMAN PASWAN. 2. Hardayal Ram. Both are sons of Chamarik Paswan. Resident of Village-Pilchi, P.S. – Daudnagar, District-Aurangabad. Versus 1. THE STATE OF BIHAR. 2 Ram Pravesh Singh, S/o Late Ram Krit Singh, village-Umarchak, P.S.- Daudnagar, District-Aurangabad. ----------- 02. 28.07.2010 The petitioners seek quashing of the order dated 10.01.2008 passed by Judicial Magistrate, 1st Class, Aurangabad by which he has taken cognizance for offences under Section 467 of the Indian Penal Code in connection with Complaint Case No. 95 of 2006/Tr. No. 2256 of 2008. The case of the complainant is that the petitioners had sold 5½ decimals of certain piece of land of Khata No. 196 Plot No. 559 out of 1.17 decimals recorded in the name of Maliks of the Tauzi as Gairmazarua Malik in cadastral survey Khatian and Bihar Sarkar in Municipal Survey Khatiyan which was allegedly used for the last many years as Govardhan Bhagwan Place Mahavir Jee Akhara for cultural programme and playground. The submission of the petitioners is that they had purchased 37½ decimals of land in Khata No. 173 and Survey Plot No. 562 area 8 decimals and Khata No. 196 Plot No. 559 area 29½ decimals by registered No. 1973 dated 13.10.1773 in the name of their mother Late Ram Rati Kunwar from one Bhola Singh who was the ex- 2 landlord of the said land. In course of time the nature of land changed and it came within the market area of Bihar municipal area which was converted as Bakasht land of ex-landlord and accordingly Jamindari returns were filed. The petitioner’s mother being the absolute owner had purchased the land through registered sale deeds. The submission of the counsel for the petitioners is that there was no averment in the complaint that forgery was committed by the petitioners in the sale deed and therefore no offence whatsoever much less under Section 467 of the Indian Penal Code would be made out. I am inclined to accept this proposition. In view of such, this application is allowed and the entire proceeding including order dated 10.01.2008 passed by Judicial Magistrate, 1st Class, Aurangabad by which he has taken cognizance in connection with Complaint Case No. 95 of 2006/Tr. No. 2256 of 2008 is hereby quashed. Vikash/- (Anjana Prakash, J.)