SATYENDRA KUMAR @ RAJEEV RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal miscellaneous application under Section 482 of the Cr.P.C. has been filed to quash the order dated 05.12.2013 passed by Judicial Magistrate, Ist Class, Danapur in Complaint Case No.457C of 2013 whereby and whereunder the learned Magistrate finding prima-facie case for the offence under Sections 420, 467, 468 and 120B of the IPC took cognizance and summoned the petitioners.

(2.) Heard and perused the record.

(3.) The Opposite Party No.2 filed a complaint case on the file of CJM alleging inter-alia that these petitioners filed a title (Partition)Suit No.112 of 1986 against his parents and brothers and they in collusion with each other obtained a compromise decree by committing fraud and forgery. The father of Opposite Party No.2 was one of the co-sharer having 1/5th share in the suit property. But he was neither impleaded as party to the suit nor the plaintiff made any averment about his existence in the plaint of P.S.No.112 of 1986 and so the petitioners have committed fraud and forgery.