KAILASHPATI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 05.03.2013 passed by the Judicial Magistrate, 1st class, Bhagalpur, in Complaint Case No.134 of 2010, whereby the learned Magistrate after enquiry has found prima facie case against the accused persons to proceed under Section(s) 465, 471/34 Indian Penal Code.

(2.) It has been submitted on behalf of the petitioners that the nature of dispute as appear from the Complaint Petition is purely civil dispute. The joint property had been partitioned through Panchayati, which the complainant claims as forged and fabricated. The witnesses have also been made accused in the case. Cognizance taken by the learned Magistrate is barred by the provision of Sec. 468 (2) Cr. P. C.

(3.) Learned APP has submitted that there is no illegality in the impugned order.