ABDUL RAQUIB Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE accused petitioners have preferred this revision application against the order dated 12.04.2001 passed by the learned Judicial Magistrate, Ist Class, Sheikhpura in Complaint Case No.3C/2001 by which a prima facie case has been found against them for facing trial under Sections 420, 467, 468 and 471 of the I.P.C.

(2.) THE prosecution case, in brief, is that between 4.12.2000 and 9.12.2000 the occurrence took place. Shiva Kumar Prasad, father of the complainant, opposite party no.2 purchased 53 decimals of land of Mauza-Bajitpur, Thana & District- Sheikhpura bearing Khata No.105, Plot No.33 vide registered sale deed dated 12.11.1990 from Md. Ezad Kabir. THEreafter, the name of Shiv Kumar Prasad was mutated vide Mutation Case No.107 and later on the land was mutated in the name of the complainant vide Jamabandi No.169 and accordingly, the rent receipts are issued and he has been in possession of the land. On 4.12.2000, the accused petitioners making conspiracy executed a deed of sale with regard to 28 decimals of land arising out of the aforesaid 53 decimals of land and got the sale deed registered on 9.12.2000. In that sale deed, the accused Abdul Raquib and Md. Ezad are the executants and accused nos. 3 to 15 Parmeshwar Yadav and others are purchasers and accused Shailendra Kumar, Sanjay Kumar & Saiyad Ekbal are witnesses to the sale deeds. THE accused have prepared the forged sale deed with intention to usurp the land of the complainant. THE accused petitioner nos. 1 and 3 have no right to transfer the aforesaid land. A complaint to this effect was filed in the court of learned Chief Judicial Magistrate, Sheikhpura, which was registered as Complaint Case No.3C/2001. Later on the case was transferred to the court of learned Judicial Magistrate, Ist class. After inquiry, a prima facie case has been found against the accused vide the impugned order and an order has also been passed for issuance of summons against the accused to face the trial. Out of 18 accused, 3 have preferred this revision application.