LAWS(PAT)-2024-2-107

MOTAIB MIYAN Vs. STATE OF BIHARM

Decided On February 28, 2024
Motaib Miyan Appellant
V/S
State Of Biharm Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners, learned counsel appearing for the opposite party no.

(2.) and learned APP appearing for the State. 2. The present application is being filed for quashing the order dtd. 6/6/2018 passed in Cr. Revision No. 648 of 2018 by the Court of learned District and Sessions Judge, Gopalganj, whereby and whereunder, the learned trial Court has been pleased to set aside the order dtd. 20/4/18 passed in Complaint Case No.2693/2017 & Trial No.2326/18 by the learned Additional Chief Judicial Magistrate- XV, Gopalganj in cyclostyle manner by stating inter-alia that "Since the matter is under the supervision and control of C.O. Kateya and it is incumbent upon C.O. Kateya to take into serious notice and he being custodian of Reg. II suppose to be recommended to launch F.I.R. against erring person, if any, found after conducting short enquiry with intimation to court forthwith, if any manipulation has been made therein are entering of Reg. II with respect to the purchase land accordingly, narrated by the revisionist. Therefore it is hereby "ordered" that the criminal revision is hereby disposed of as stated above. Let a copy of the order be sent to C.O. concern for the needful as stated above without further delay." The Petitioners also challenges the Letter No.1029 dtd. 13/7/19, whereby and whereunder, Petitioner No.4 has been issued show cause as to why FIR be not instituted against him for tampering with the records of Jamabandi No.35.

(3.) The brief facts of the case is that a complaint was filed by Opposite Party No. 2 before the court of learned Additional Chief Judicial Magistrate-XV, Gopalganj alleging inter-alia that petitioners have prepared document with regard their purchase land. It was also alleged that petitioners have also manipulated the entries in the Register -II.