Judgment R. N. Sahay, J. 1. This is an application for quashing the order dated 19.5.1992 in Case No. C101/92 whereby the Judicial Magistrate, 1st Class, sikarahna at Motihari has issued process against the petitioners for one offences punishable under Sections 420, 467 and 468 of the Indian Penal Code. 2. The petitioners at the relevant time were Secretaries of Maulana Azad urdu High School, Khairwa in the district of East Champaran. Opposite Party no.2 Nasrul Haque who is resident of khairwa filed a complaint in the Court of S. D. J. M. , Sikrahna at Motihari alleging therein that the petitioners have committed offences punishable under sections 420, 467 and 468, I. P. C. 3. The allegation is the petitioner no.1 In the capacity of Secretary of the school in question has sold 11 kathas 4 dhurs of the schools land through a registered sale deed dated 13.4.1973 to one Sheikh Daud and got the said land registered in the Sunni Wakf Board. The consideration money of the said land has not been shown in the school cash book. It was further alleged that petitioner No.1 has exchanged school land 16 kathas 15 dhurs through registered deed of exchange dated 29.1.1974, with Sheikh Abu Lais and zaki Akhtar who have given 13 kathas 15 dhurs land to the school. It is further alleged that some discrepancy in the area of the plot numbers to the school. Sheikh Abu Lais in exchange has given plot No.1307 which does not belong to him. There was investigation by the police of the complaint. The police sub-mitted final form after thorough investigation. The complainant filed a protest petition. Thereafter enquiry under Sec.202, Cr. P. C. , was made in which four witnesses were examined on behalf of the complainant. The Learned magistrate took cognizance and summoned the petitioners. The validity of the said order is under challenge in this application. 4. It is contended that the complaint has been filed with as ulterior motive for wrecking vengeance against the petitioners. It is stated that lands allegedly sold by Sheikh Abdul Wahid to sheikh Md. The Learned magistrate took cognizance and summoned the petitioners. The validity of the said order is under challenge in this application. 4. It is contended that the complaint has been filed with as ulterior motive for wrecking vengeance against the petitioners. It is stated that lands allegedly sold by Sheikh Abdul Wahid to sheikh Md. Daud originally belonged to four persons who donated the lands to maulana Azad Urdu High School by registered deed of gift dated 6.7.1967 with a clear stipulation that the secretary of the school will have right to manage these lands for the benefit of the school and can exchange or sell it on the strength of a resolution passed by 2/3rd majority of the Managing committee of the said school. The said land had been in possession of the school since 1961. The Managing Committee of the said school passed a resolution authorising the Secretary of the school to sell the said lands and from the consideration money get the pucca building of the schools constructed and petitioner No.1 being the Secretary of the School and being authorised by the managing Committee first approached the donors to purchase the said lands and on refusal thereto sold land for Rs.50,000 to Sk. Md. Daud through two registered sale deeds dated 13.4.1973. The sale-proceed received by the petitioner No.1 was also entered in the cash book of the school on 13.4.1973 and 26.5.1973. In support of this a certificate issued by the Headmaster of the school dated 2.3.1980 is annexed in this application. It was further submitted that the land was sold the petitioner No.2 under valid authority for the benefit of the school on 13.4.1973 and the exchange was made on 30.1.1974. No objection was raised from any corner. Thereafter a complaint was filed on 10.10.1991, i. e. after 18 years only to harass the petitioners to breck vengeance due to personal enmity. It is further stated that earlier petitioner No.2 abdul Waheed had donated his own 0.14-15 lands to the said school through a registered deed of gift dated 2.6.1969. The school had no land of its own adjacent to Road for its building construction. Petitioner No.2 had allowed the school to run in his own another land abutting road. It is further stated that earlier petitioner No.2 abdul Waheed had donated his own 0.14-15 lands to the said school through a registered deed of gift dated 2.6.1969. The school had no land of its own adjacent to Road for its building construction. Petitioner No.2 had allowed the school to run in his own another land abutting road. For the convenience of proper benefit of the school the managing Committee requested the petitioner no.2 to donate his land to the school and thereafter deed of exchange was executed. 5. The complainant is an accused in a case of theft of mango committed by him in which a charge-sheet has been submitted. The complainant is also an accused in a rape case. The complainant had filed a petition before Wakf Board making various allegations against the petitioners regarding land dispute. The allegations were inquired and the chairman of the Bihar State Sunni Wakf board rejected the said petition. 6. In the light of stated above, it appears that the complaint is not a bona fide but actuated with an ulterior motive. As noticed earlier no grievance was made by the complainant for 17 years. No member of Managing Committee raised any voice against the transaction. 7. In my opinion, the proceeding started against the petitioner is an abuse of process of the Court and the proceeding should be quashed. 8. In the result this application is allowed and the order of cognizance and process against the petitioners are hereby quashed. Application Allowed.