MATHURA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) This application has been filed against the order dated 24.07.2006 passed by the Judicial Magistrate, 1st Class, Chapra in Trial No. 4239 of 2006, arising out of Complaint Case No. 1362 of 1996 (Marhaura Police Station Case No. 3 of 1999) by which cognizance has been taken under Section 417 of the Indian Penal Code.

(3.) The dispute is between the sons and grandsons of Basudeo Singh. The complainant is one of the sons whereas, three sons and grandsons are the accused in this case. A partition suit was filed, numbered as 137 of 1992 by the Petitioner No. 2. The complainant was Defendant in the suit. During the partition suit, the Petitioners produced a deed of gift dated 05.05.1993, allegedly executed by Basudeo Singh in favour of the Petitioners. It is stated here by the complainant that Basudeo Singh died on 07.08.1993 and just three months before his death, this deed of gift was produced before the Court below having the L.T.I. on it, which has been challenged by the complainant in the criminal case as well as in the suit on the ground that it is a forged and fabricated document and that Basudeo Singh was education person and there was no occasion that he would put his L.T.I. on the deed of gift.