RAM KRIPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the order dated 3.8.2004 passed by Sri B.K.Tiwari, Judicial Magistrate, Chapra in Complaint Case No. C -292/2004, Tr. No. 1079 of 2005 thereby and thereunder cognizance has been taken under Sections 465,466, 467, 474, 468 and 120B of the Indian Penal Code against the petitioners and others.

(2.) OPPOSITE Party no. 2, Sugam Devi, filed complaint case no. 1/97 before Sri Lai Bihari, Judicial Magistrate, Chapra against the petitioner and three others, who were revenue karmchari of Gorakha Block. Learned Magistrate sent the same to the police under Sec.156(3) of the Code of Criminal Procedure for institution of the first information report and investigation. The police registered the case bearing Gorakha P.S. Case No. 91/97 against the accused persons including the petitioners under the above Sections of the Penal Code. After investigation the police submitted final report in the year 1999 against all the accused persons as the case false. In the meantime, protest was filed by the complainant, Opposite Party No. 2 which was registered as Complaint case no. C -292/04 and the case was transferred to the court of Sri B.K.Tripathi, Judicial Magistrate, under Sec.192 of the Code of Criminal Procedure. The learned Magistrate inquired into the allegation under Sec.202 of the Code of cognizance against all the accused persons including these petitioners under above Sections of the Penal Code.

(3.) SUBMISSION of learned counsel for the petitioners is that the entire case is false, baseless and frivolous. The land in question never belonged to Brahmdeo Singh and he had no right and title to execute any sale deed in respect of the said land in favour of the complainant. The complainant moved before the revenue authorities for matation of her name over the land in question but failed. Thereafter, this false case was lodged. During investigation the Dy.S.R. and Superintendent of Police, Chapra supervised the case and scrutinised the relevant Register II but did not find any cutting or overwriting. Accordingly, the police submitted final report which is annexure -6. The supervision reports of both the officers have also been filed which are annexures 2 and 3. The petitioners have also annexed the photo copy of Register II of Khata Nos. 62 and 68 as annexure -