SHEO PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application filed u/s. 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the entire proceeding of Complaint Case No. 566(C) of 2003(Annexure -1) -pending in the court of Shri Ram Binod Singh, Judicial Magistrate, Ist Class, Danapur as also for quashing the order of cognizance taken against the petitioners aid others on 22.9.2003 for the offences under Secs. 420 and 468. of the Indian Penal Code, 1860.

(2.) FROM the facts of this case it appears that opposite party No. 2, Shailendra Kumar, had filed a complaint petition against the present petitioners as also against one Ram Binoy Sharma (presently out of Bihar). In this complaint petition he had alleged that his father had died on 1.6.3302 and taking advantage of his death his uncle Sheo Prasad Singh (petitioner No. 1) got his name recorded over some of the properties of the joint family in the revisional survey on the basis of a forged Panchnama which was created by the petitioners to grab the property of opposite party No. 2. Admittedly, petitioner No. 1 is the Uncle of opposite party No. 2. The other petitioners happen to be the Panches in the Panchnama convened to partition the joint family property. A Panchnama dated 15.5.1985 was prepared and signed by petitioner No. 1 and the father of opposite party No. 2.

(3.) OPPOSITE Party No. 2 has filed a counter affidavit. He has contended that neither any Panchayati was held for the partition of joint family property nor any Panchnama was prepared. His father never put his signature on any such Panchnama.