KAPIL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Misc. No. 25664/2009 has been filed by the petitioner-Kapil Ram, who is an accused in Complaint Case No. 378C/2008, for quashing order dated 13.8.2008 passed by Sri K.M. Tiwary, Judicial Magistrate, 1st Class, Buxar in the above stated Complaint Case No. 378C/2008, Trial No. 1275/2008 by which and whereunder the learned Magistrate having found prima facie case under Sections 420, 467, 468, 474, 120B of the IPC against the petitioner and others ordered to issue summons upon him and others for their appearance. Cr. Misc. No. 37026/2009 has been filed by the petitioners-Kapil Ram, Deomuni Ram and Ram Niwas Ram who are accused in Complaint Case No. 379C/2008 for quashing order dated 16.10.2008 passed by Sri A.K. Srivastava, Judicial Magistrate, 1st Class, Buxar in the above stated Complaint Case No. 379C/2008 by which and whereunder the learned Magistrate having found prima facie case under Sections 147 and 379 of the IPC ordered to issue summons upon the petitioners for facing trial.

(2.) In Cr. Misc. No. 25664/2009 this court ordered to issue notice upon opposite party no. 2 of the aforesaid criminal misc. case and in response thereto, opposite party no. 2 made his appearance through his counsel and after that vide order dated 12.7.2011 this court ordered to put up Cr. Misc. No. 37026/2009 alongwith Cr. Misc. No. 25664/2009 and accordingly, both the above stated criminal misc. cases were heard together with the consent of both the parties.

(3.) Opposite Party No. 2, namely, Yogendra Nath Tiwary filed Complaint Case No. 378C/2008 against the petitioner in Cr. Misc. No. 25664/2009 and four other accused persons in the Court of learned Chief Judicial Magistrate, Buxar alleging therein that his wife, namely, Dulhin @ Urmila Devi had purchased plot no. 2 of khata no. 19 area 59 decimal lands and 1 acre 4 decimal lands by two registered sale deeds dated 21.10.2000 and 27.1.2001 respectively from Gopal Tiwary son of Singhasan Tiwary of Village-Rajdiha and came in possession of the above stated lands but the petitioner in Cr. Misc. No. 25664/2009 purchased 81 decimal of lands of plot no. 2 of khata no. 19 from one late Ganesh Tiwary son of Anant Tiwary of Village-Rajdiha having knowledge of this fact that wife of the complainant had already purchased the entire lands of plot no. 2 of khata no. 19. Since the witnesses and identifiers on the sale deeds of the petitioner in Cr. Misc. No. 25664/2009 were co-villager of the complainant-Yogendra Nath Tiwary, the above stated petitioner in Cr. Misc. No. 25664/2009 was fully aware about the sale deeds of the wife of complainant but in spite of that the petitioner in Cr. Misc. No. 25664/2009 and other accused of Complaint Case No. 378C/2008 got prepared forged document to cheat and damage the complainant's wife and they also used the said document for getting name of the petitioner-Kapil Ram mutated in circle office. Furthermore, the complainant (Opposite Party No. 2) alleged that on 26.2.2003, petitioner-Kapil Ram got executed 23 decimal lands of plot no. 2 appertaining to khata no. 19 from Gopalji Tiwary, the vendor of the complainant's wife, with an intent to cheat complainant's wife.