GOVIND PRASAD RAJGARHIA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) The petitioners seek quashing of order dated 18.07.2012 passed by the Judicial Magistrate, 1 st Class, Bettiah in Complaint Case No. 891(C) of 2011 thereby taking cognizance of offence under Sections 465 and 506 of the Indian Penal Code against the petitioners.

(3.) The complainant of the case has filed present complaint in capacity of power of attorney holder on behalf of Pramod Kumar Rajgarhia. The fact stated in complaint petition is that all four accused persons of the complaint including these three petitioners as well as one Birendra Prasad Srivastava, after entering into conspiracy, created forged document in order to grab the landed property of Pramod Kumar Rajgarhia, as in Partition Suit No. 46 of 2009 filed by him, Govind Prasad Rajgarhia has filed a document showing Pramod Kumar Rajgarhia, son of Mohan Lal Rajgarhia. That document is a sale deed executed in favour of accused Ram Chandra Ram and another sale deed in favour of one Sita Ram Sharma, but these are ghost persons. Likewise, several documents have been filed relating to the land in dispute sold in favour of some persons. It is also alleged that accused Birendra Prasad Srivastava has created a forged document of power of attorney executed by Bimal Kumar in his favour.