(1.) The present proceedings arise out of Complaint Case No. 3101 of 2013 and Complaint Case No. 3102 of 2013, filed by the complainants, namely, Renuka Prasad and Rambha Devi, respectively, both sisters, against the petitioners herein.
(2.) The subject matter of both the complaint cases are absolutely identical though the first complaint has been filed by Renuka Prasad and the second complaint has been filed by Rambha Devi. Since the present cases i.e. Criminal Miscellaneous No. 22489 of 2014 (arising out of Complaint Case No. 3101 of 2013), and Criminal Miscellaneous No. 22077 of 2014 (arising out of Complaint Case No. 3102 of 2013), pertain to identical allegations, the challenge being also to the identical orders dated 04.03.2014 passed by the learned Judicial Magistrate-1st Class, Katihar and the petitioners being also common, both the cases have been heard together with the consent of the parties and a common judgment is being passed.
(3.) The short facts of the case are that the opposite party no. 2-the complainants herein, namely, Rambha Devi and Renuka Prasad filed Complaint Case No. 3102 of 2013 and Complaint Case No. 3101 of 2013 respectively, before the learned Court of Chief Judicial Magistrate, Katihar against the petitioners herein, inter alia alleging therein that the complainant and the accused persons are related to each other and when they received notice of Title Suit No. 259 of 2013, it transpired that the accused persons had prepared some forged documents and the same was appended to the plaint of the Title Suit. The learned Judicial Magistrate-1st Class, Katihar by an order dated 04.03.2014 passed in Complaint Case No. 3102 of 2013 and in Complaint Case No. 3101 of 2013, has been pleased to find out that a prima facie case is made out under Sections 419, 420, 465, 385 and 120B of the Indian Penal Code against all accused persons i.e. the petitioners herein and has, accordingly, summoned them.