IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44002 of 2007 UPENDRA KUMAR, SON OF SRI KRISHNA MAHTO RESIDENT OF MOHALLA GOLA ROAD, P.O.- AND P.S.- DANAPUR, DISTT- PATNA. Versus 1. THE STATE OF BIHAR. 2. DHARAMSHILA DEVI WIFE OF LATE RAMESH PRASAD SINGH, RESIDENT OF VILLAGE RASILCHAK, P.S.- PUNPUN, DISTT- PATNA, ALSO MOHALLA BICHLI GALI, GOLA ROAD, DANAPUR, P.S.- DANAPUR, DIST. PATNA AT PRESENT RESIDENT OF VILLAGE SADIKPUR, RUKUNPURA, P.S.- DANAPUR, DIST. PATNA. ----------- 4 16.02.2010 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel for the State. Petitioner calls in question the order taking cognizance dated 7.6.2007 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint case no. 528(C)/2007. As per the prosecution case adumbrated in the compliant, co-accused Arbind and Alok were involved in sale and purchase of land. It is the allegation that co-accused Arbind got a Power of Attorney fraudulently executed in his favour by the complainant in place of a sale deed. Co-accused Arbind thereafter executed several sale deeds in favour of different persons for consideration. Petitioner here is one of the purchasers. It is submitted that there is no allegation in the complaint that the petitioner purchased the lands in question fully aware of the fraudulent nature of power of attorney in collusion with the other accused persons. Learned counsel for the petitioner handed in an order 2 dated 5.3.2009 passed in Cr. Misc. No. 46808 of 2007 (Raj Laxmi Sinha versus The State of Bihar & Anr) to show that application for quashing of the impugned order in respect of one of such transferees has already been allowed having regard to the facts and allegations appearing from the record. The order is placed on record marked “Y”. It is next submitted that the complainant has already filed a title suit for annulment of the sale deed executed in favour of different purchasers. For the self same reason, this Court is also persuaded to allow the application. Resultantly the entire proceeding in Complaint case no. 528(C) of 2007 against the present petitioner is quashed. The application stands allowed. pkj ( Kishore K. Mandal, J. )