RAMASHISH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure filed by Ramashish Choudhary and 7 others praying therein to quash the impugned order dated 29.1.1996 recorded by Shri B.P. Sinha, Judicial Magistrate, Gopalganj in Tr. No. 704 of 1996 as well the criminal prosecution arising out of the order, by which the learned Magistrate, after enquiry in the complaint filed by Shri Sushil Prasad and in view of the oral and documentary evidence adduced, found a prima -facie case having been made out under sections 465, 468, 471, 420 and 120B of the Indian Penal Code and ordered issuance of summonses against all the accused.

(2.) THE case of the complainant Sushil Prasad, in nutshell, was that one Badri Narayan Lal had married firstly with Tilkachani Devi and secondly with Rosana Kunwar, but since those ladies remained barren, he contacted 3rd marriage with Lilawati Kunwar who gave birth to the petitioners Munni Devi and Saroj Devi. It was also alleged that Shri Badri Narayan Lal, since deceased, had mortgaged 2 bighas and 10 kathas of lands bearing Khata No. 74 and survey no. 1502, as well 2 bigha and 10 kathas of another land appertaining to same khata and Khesra, on 19.4.1963 after which the complainant came in possession thereof. After death of Badri Narayan Lal, his two widows, namely, Rosna Kunwar and Lilawati Kunwar sold the same land on 18.2.1972 to the complainant.

(3.) IN this connection it has been claimed in the petition for quashing that a police case was lodged under orders of the learned Chief Judicial Magistrate who had forwarded the complaint petition filed in that regard, which was recorded as Mirganj P.S. Case No. 44/95 (Annexure -1).