PRADEEP KUMAR SINH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned APP for the State.

(2.) The present application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C. ') for quashing the order dtd. 19/10/2016 passed by the learned C.J.M., Khagaria (hereinafter referred to as 'Magistrate ') in connection with Khagaria (C. Nagar) P.S. Case No.713 of 2015 (G.R. No.2638 of 2015), wherein the learned Magistrate took cognizance for the offences punishable under Ss. 420, 467, 468 and 471 read with Sec. 34 of the Indian Penal Code, 1860 (in short, 'I.P.C. ') against the present petitioner and other accused persons.

(3.) The prosecution story as arises out of Khagaria (C. Nagar) P.S. Case No.713 of 2015 instituted on the basis of written application submitted by the Circle Officer, Khagaria pursuant to the order of the Additional Collector, Khagaria in Misc. Case No.11 of 2014, whereby vide its order dtd. 8/7/2015 in Mutation Record No.866 of 2013-14, the Jamabandi No.318 in favour of Surya Narayan Yadav was cancelled and directed to lodge F.I.R. against the concerned Karmchari, Circle Officer, vendor and purchaser of the land in question. It is alleged therein that Jamabandi No.318 pertaining to land situated at Mauza- Ranko, Thana No.269, Tauji No.6964, Khata No.133, Khesra No.616 area-7 katha, which was recorded as Gairmajarua Khas land has been mutated in the name of private person which is not permitted. The allegation against the petitioner herein is that while functioning as the Circle Officer, he permitted the creation of Jamabandi of the aforesaid land thereby committing offences punishable under Ss. 420, 467, 468 & 471 of the I.P.C.