ANIL KUMAR GUPTA, SON OF LATE RAGHUNATH GUPTA, RESIDENT OF VILLAGE/MOHALLA MOUNA, P.S. CHAPRA TOWN, DISTT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has preferred this application under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 2.8.2011, passed by Sri A.K. Srivastava, learned Judicial Magistrate, Saran at Chapra, in connection with Complaint Case No.195 of 2009 vide Trial No.2067 of 2013, whereby and where under the learned court below has taken cognizance of the offence under Sections 211 and 466 of the Indian Penal Code against the petitioner.

(2.) The prosecution case, as per the complaint petition, in short, is that one Rajesh Gupta has lodged a written complaint before the Chief Judicial Magistrate, Chapra stating therein, inter alia, that Rakesh Gupta has assaulted him in the premises of Shilpi cinema hall with licensee revolver and thereafter when Rakesh Gupta had gone out the petitioner committed forgery in the judicial record and changed the name of Rakesh Gupta as Rajesh Gupta, the present complainant, and due to which he has to face harassment in that case.

(3.) On the basis of the aforesaid complaint, Complaint Case No. 195 of 2009 was registered against the petitioner and the learned Magistrate after enquiry under Sec. 202 of the Code of Criminal Procedure has find a prima facie case against the petitioner under Sections 211 and 466 of the Indian Penal Code and, accordingly, has issued processes against the petitioner under Sec. 204 of the Code of Criminal Procedure.