LAKSHMAN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner who is one of the accused in G.R. No. 2978 of 1997, arising out of Vaishali P.S. Case No. 175. of 1997, is aggrieved by and prays for the quashing of the Order dated, 18th January, 2007 passed by Sri S.K.Tripathi, Judicial Magistrate, first Class, Vaishali at Hajipur, whereby he has directed the Petitioner to produce the document which is not in his possession.

(2.) One Satrughan Bhagat, impleaded as Opposite party No. 2 herein, the Complainant, filed a Complaint Petition No. 2138 of 1997 before the learned Chief Judicial Magistrate, Hajipur, which was transmitted to the concerned Police station under Section 156(3) Cr.P.C and on the basis thereof the aforesaid Vaishali P.S. Case No. 175 of 1997 was registered under Sections 420, 417, 467, 468, 472 and 120 -B I.P.C.

(3.) BRIEFLY stated, the prosecution case is that the informant has three other brothers of whom the youngest brother, Ramji Bhagat, is handicapped, the third brother, Ramanand Bhagat, resides in his Sasural at Simra and looks after the lands gifted to him by his father -in -law. It is alleged that all the accused persons having entered into a conspiracy had transferred 25 1/4 decimals of land appertaining to Plot No. 652, Khata No. 108/114 and 12 decimals of land appertaining to Plot No. 653, Khata No. 161, jointly belonging to their parents and all the brothers through a forged Atainama executed on 28th July, 1997 after the death of their father by impersonating his mother. It is alleged that this overt act had taken piace when the informant had gone to his Sasural to obtain money for the treatment of his ailing mother and that Sukhdeo Sah and Mathura Dubey had figured as the identifier and witness respectively in the said Atainama. It is further alleged that when the informant came to know about the same and inquired from the accused persons, the Petitioner, Pappu Bhagat and Dilip Bhagat, allegeldly caught hold of the informant, threw him on the ground and attempted to kill him by strangulation.