ANIL KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through the instant application under Section 482 of Cr. P. C., the sole petitioner herein, a legal practitioner of Nawada District Court, has sought to invoke the inherent Jurisdiction of this Court for quashing of the order dated 28-4-2006, passed by the learned Chief Judicial Magistrate, Nawada, in Nawada P. S. Case No. 190/2001 (G. R. No. 1136/2001, Tr. No. 2358), whereby he has taken cognizance of the offence under Sections 467, 468, 471, 473, 474, 420, 255, 258, 259, 260, 262 and 120B of the Indian Penal Code as also for quashing of the entire criminal proceeding now pending before Sri S. K. Jha, Judicial Magistrate, First Class, Nawada.

(2.) According to the prosecution case as can be derived from the written report submitted by the Treasury Officer, Nawada, he on receipt of a written information on 27-8-2001 from one Gopal Krishna Mukherji of Mohalla Malgodown, Nawada, to the effect that the Court fee stamps worth Rs. 3,144/- filed in Title Suit No. 41/97 on behalf of plaintiff Chandrika Paswan in the Court of Subordinate Judge III, Nawada, were suspected to be counterfeit, along with a police party visited the said Court and inspected the allegedly counterfeit stamps which bore the signature of the present petitioner. It is also alleged that the said stamps also bore the seal of one Surendra Kumar showing his license No. as 120/21 of 1991 but they did not contain the signature of either the vendor or the Treasury Officer. It is further alleged that the said stamps were shown to have been sold on 29-4-97 but on verification from the issue register it appears that no such stamps were issued on the alleged date of issue and the name of Surendra Kumar was not found in the list of licence of Nawada Treasury. In these circumstances the informant suspected that the said court fee stamps were fake and forged and the complicity of the plaintiff of the said suit and his lawyer in filing the counterfeit stamps could not be ruled out totally. It was also mentioned that when attempts were made to check up and verify the stamps of the other stamp vendors, all of them except one Sanjay Kumar fled away and on checking the box of Sanjay Kumar some court fee stamps bearing the seal of one Arun Kumar Das thereupon were found in the box and were seized along with other Court fee stamps and seals kept therein under a seizure list and Sanjay Kumar was arrested on the allegation of selling fake stamps without having any licence.

(3.) It appears that on the basis of the said written report, the F. I, R. of Nawada P. S. Case No, 190/2001 was drawn up and after due investigation a charge sheet was submitted against the petitioner herein and two others.