SURESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY filing this application under Sec. 482 of the Code of Criminal Procedure, the order dated 27.9.2006 passed by the Sub -divisional Judicial Magistrate, Lakhisarai in Complaint Case No. 128 - C of 2006 has been sought to be quashed. By the impugned order the learned Sub -divisional Judicial Magistrate has found sufficient material to proceed against the accused persons under Sections 420, 467 and 468 of the Indian Penal Code and has directed to issue summons against them. It appears that a complaint case against these petitioners was filed alleging, inter alia, that petitioner Nos. 4 and 5 had executed a sale deed in favour of the complainant for a particular plot consisting of an area of 15 dhurs and it was agreed upon by the vendors that they would provide 8. ft. wide land for use of the complainant as approach road to the main road. The sale was made in the year 1991.

(2.) On the date of occurrence i.e., on 26.3.2006 the complainant went to his lands. He found that the co -accused Nos. 3 and 4 were erecting a wall or; the said land which was meant for using as road by the complainant and on enquiry they told that they purchased the land from petitioner Nos. 4 and 5. The complainant then learnt from the registration office that the petitioners and other co -accused in conspiracy with each other had brought in existence a forged sale deed.

(3.) THE court below after perusing the complaint petition, the statement of the complainant on solemn affirmation and the witnesses examined in course of enquiry found sufficient materials against the petitioners to proceed with against them as stated above.