LALITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition for quashing the order dated 8.8.2008 passed by Shri Rakesh Malviya, Judicial Magistrate, First Class, Begusarai by which summon has been ordered to be issued after taking Cognizance for offence under section 418, 419 and 465 of Indian Penal Code.

(2.) The prosecution case as alleged in the complaint petition alleging therein is that the father of the complainant had three marriages. From the first wife Mundrika Devi there was no issue. From the second marriage he was blessed with two daughters, namely, Pushpa Singh and Anju Rai and since no male issue was born, third marriage was performed with Smt. Indira Devi who was blessed with three sons, namely, Anjani Bhushan, the complainant, Tirupati Bhushan and Shri Niwas Bhushan and Mundrika Devi with the consent of her husband accepted the complainant as adopted son and came in possession. It is further alleged that the complainant and his brother after the death of their parents were minor and used to stay in the house of Pushpa Singh and it is alleged that Pushpa Singh under a conspiracy took away the papers and the pass book of the bank with regard to the movable and immovable property and under conspiracy executed a sale deed in favour of Lalita Devi accused No. 5 for sale of the building purchased by Mundrika Devi by two sale deeds, showing herself the daughter of Mundrika Devi. Hence, it is alleged that Pushpa Singh executed the sale deed as the daughter of Mundrika Devi and hence asserted that Pushpa Singh executed the sale deed by misrepresenting that she is daughter of Mundrika Devi whereas Mundrika Devi died issueless and further it is alleged that in Succession Case No. 15 of 2004 affidavit has been filed by her to grab the property.

(3.) However, on the complaint petition the complainant was examined on solemn affirmation and three witnesses were examined on his behalf supported the case and on considering the allegation and the witness statement of the complainant and his three witnesses summons were ordered to be issued against the accused This is a petition for quashing the order dated 8.8.2008 passed by Shri Rakesh Malviya, Judicial Magistrate, First Class, Begusarai by which summon has been ordered to be issued after taking persons after taking cognizance for offence under Sections 418, 419 and 465 of the Indian Penal Code.