JUDGMENT 1. - The petitioners have filed this petition Under section 482, Criminal Procedure Code against the order dated 2.7.1991 passed by learned Judicial Magistrate, Shivganj in Cr. Case No. 610/1990 whereby charges Under Sections 420 & 447, Indian Penal Code were framed against the petitioners. 2. Learned counsel for the petitioners has prayed that this application may be treated to have been filed Under Section 397 Read With Section 401, Criminal Procedure Code as the petitioners are challenging the framing of charges against them. 3. I have heard learned counsel for the petitioners as well as learned Public Prosecutor. 4. The dispute is with regard to land which the petitioners initially claimed to be their ancestral property and obtained permission to raise construction over it from the Municipal Board, Shivganj. Later on, the petitioners came across a registered sale-deed regarding that very land, according to which father of the petitioners-Shri Sada purchased the land from one Ishwar Singh in the name of minor sons-the petitioners. It may be stated that the petitioners, for obtaining permission to raise construction, filed an affidavit before Municipal Board, Shivganj in which they alleged that the land was their ancestral property. Later on, on the discovery of sale-deed as aforesaid, they clarified the matter to the Municipal Board. The Executive Officer of the Board felt offended and filed a criminal complaint against the petitioners. The case was registered by Police and after investigation a Final Report was filed. Learned Magistrate did not accept the Final Report and by order dated 4.4.1990 took cognizance and later on framed charges. 5. After perusal of the record of the case, in my opinion, no offence Under Sections 420 or 447, Indian Penal Code are made out. 6. There is no dispute that the land in question is in possession of the petitioners and in ignorance they made a representation that the land was their ancestral and on that basis obtained permission to raise construction. There was no dishonest intention on the part of the petitioners. It is demonstrated by the fact that as soon as petitioners came across the sale-deed, they immediately clarified their position. 7. Learned counsel for the petitioners has also stated that a civil litigation (Civil Original Suit No. 29/87) regarding this land is also pending between the petitioners and Municipal Board, Shivgan; before learned Munsif, Shirohi. 8. It is demonstrated by the fact that as soon as petitioners came across the sale-deed, they immediately clarified their position. 7. Learned counsel for the petitioners has also stated that a civil litigation (Civil Original Suit No. 29/87) regarding this land is also pending between the petitioners and Municipal Board, Shivgan; before learned Munsif, Shirohi. 8. For the aforesaid reasons, I accept this petition and quash the charges framed against the petitioners. The petitioners are, therefore, discharged of the offence Under Sections 420 & 447, Indian Penal Code. The order of learned Judicial Magistrate, dated 2.7.1991 is also quashed accordingly.Petition allowed. *******