OM PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioners, learned APP for the State and learned counsel for the opposite party no.2.

(2.) The petitioners have preferred the application under Sec. 482 of the Cr.P.C. for quashing of the order dtd. 29/11/2018 passed by the learned ACJM-X, Ara in connection with Koilwar P.S. Case No. 227 of 2013, G.R. No. 5003/13, Tr. No. 2276/13, arising out of Complaint Case No.226(C)/2013, whereby the learned Magistrate has rejected the discharge petition filed by the petitioners under Sec. 239 Cr.P.C. The complaint / F.I.R. was registered under Ss. 467, 468 and 420/34 of the Indian Penal Code and cognizance has been taken by the learned Magistrate under Ss. 419 and 420/34 of the Indian Penal Code.

(3.) The prosecution story, in brief, is that the informant Arun Kumar filed Complaint Case No. 226(C)/2013 before the learned Chief Judicial Magistrate, Bhojpur at Ara alleging that Om Prakash (petitioner no. 1), his wife Rita Devi and Dr. Anil Kumar (petitioner no. 2) in collusion with each other, forged and fabricated a registered gift deed dtd. 25/3/1987 in their favour. It is alleged that the accused persons by impersonating a forged lady as Laxmi Devi, the mother of the informant, and owner of the land, situated at Mauza Koilwar, Baragawa, Khata No. 15, Khesra No. 3338 admeasuring 26 decimals managed to procure the registration of the said gift deed with the help of witnesses and the deed writer. The informant claims that he came to know about the alleged fraud only in May 2013 from Witness No. 1 of the complaint and thereafter requested the petitioners to get the deed cancelled. Upon receiving no response, the informant sent a legal notice, which also went unanswered. It is further alleged that on obtaining a copy of the registered deed on 31/10/2013, the informant discovered that the deed purportedly bears the thumb impression of his mother, whereas she was an educated lady who used to sign. On these allegations, the complaint was lodged under Ss. 467, 468, and 420 read with Sec. 34 of the IPC, and the learned Magistrate forwarded the same under Sec. 156(3) CrPC for institution of an FIR, pursuant to which Koilwar P.S. Case No. 227 of 2013 was registered.