SHAIL DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the O.P. No. 2.

(2.) The petitioners, invoking inherent jurisdiction of the Court under Section 482 of the Code of Criminal Procedure, seeks quashing of order dated 23.03.2013 passed by the 2 nd Additional Sessions Judge, Gopalganj in Cr. Revision No. 140 of 2012 whereby he affirmed the order taking cognizance dated 07.01.2012, under Sections 417 , 420 and 465 of I.P.C., passed by the Judicial Magistrate, 1st Class, Gopalganj in Complaint Case No. 616 of 2011 consequently dismissed the revision application.

(3.) A brief fact giving rise to the case is that complainant- O.P. No. 2 filed a Complaint Case No. 616 of 2011 in the court of learned Chief Judicial Magistrate, Gopalganj, alleging therein that complainant's father were three brothers and his grandfather were two brothers, one of the brothers namely Srinath Tiwari died issueless and gifted his all property to the brothers of the complainant's father. Rajdeo Tiwari, the eldest brother of the complainant's father, who also happened to be the Karta of the family. Later on, a partition Suit No. 15 of 1992 was filed thereafter Title Appeal No. 48 of 1998 is still sub judice as pending in the Fast Track Court-4. In the meanwhile, Rajdeo Tiwari died leaving behind his only issue his daughter, Malti Devi, the sole successor, who is also one of the parties in the aforesaid title appeal. The complainant learnt that Vyas Tiwari has got a sale deed executed in favour of his wife Shail Devi by Malti Devi, a mentally retired person. Later on he learnt that she also executed a sale deed with respect to another piece of land to Phoolpati Devi, wife of Rajbanshi Bhagat, though Malti Devi had only 1/6 th share in the joint property. It is alleged that all accused persons coming into conspiracy have created forged sale deed.