MOSSAMMAT SABULAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding in C.R. No. 840 of 2001/T.R. No. 1129 of 2002 including order dated 12.12.2001, whereby learned Judicial Magistrate, Ist Class, Darbhanga has taken cognizance of offence under Sections 420, 465, 467 and 468 of the Indian Penal Code.

(2.) Short fact of the case is that opposite party No. 2 filed a complaint in the court of Chief Judicial Magistrate, Darbhanga vide C.R. No. 840 of 2001 against seven accused persons which include Petitioners, on accusation of commission of offence under Sections 420, 464, 465 and 468 of the Indian Penal Code. It was disclosed in the complaint petition that one Abdul Rahman had transferred the portion of his land and a house by registered sale deed in favour of the complainant in the year 1989 and thereafter, he was in peaceful possession over the property in question. It was alleged that son of brother-in-law of Md. Ibrahim (uncle of complainant) i.e. Accused Nos. 2 to 4 conniving with other accused persons including opposite party Nos. 6 and 7, sons of Late Abdul Rahman and his daughter Bibi Jamila, Accused No. 5 (wife of Md. Chhedi) got the said land of the complainant transferred through sale deed in favour of Accused No. 1 Most. Sabulan i.e. Petitioner No. 1 on 21.7.2001. It was further alleged that on verification, it transpired that accused persons had also got prepared a forged Death Certificate of Late Abdul Rahman and on the basis of the said fake death certificate, subsequent sale deed was got prepared. After filing the complaint petition, the matter was enquired into and after conducting enquiry, the learned Judicial Magistrate, Ist Class, by its order dated 12.12.2001, took cognizance of the offence under Sections 420, 465, 467 and 468 of the Indian Penal Code and directed for summoning the accused persons including the Petitioners to face the trial.

(3.) Aggrieved with the order dated 12.12.2001 passed by learned Judicial Magistrate, Ist Class, Darbhanga in C.R. No. 840 of 2001/T.R. No. 1129 of 2002, the aforesaid Petitioners approached this Court by filing the present petition, which was admitted on 22.11.2002 and Lower Court Record was called for.