GUNJAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 27.02.2015 passed by the Judicial Magistrate, 1st class, Patna, in Kotwali P.S. Case No.485 of 2013 by which the learned Magistrate has rejected the petition filed by the petitioner for his discharge.

(2.) Allegation in the written report filed by the Director, Urban Planning, is that forgery has been done by this petitioner and Developer in getting approval of the map in sanctioned plan of registered Architect, Alok Kumar, having registration no.04 of 2009, dated 13.05.2013 vide plan case as mentioned in the written report. It is further alleged that planning recommendation with approved map does not bear signature of the informant and on other concerned document at the place of applicant's name, name of the petitioner is mentioned, but at the place of deponent, there is no signature of this petitioner, rather, signature is of Developer.

(3.) Counsel for the petitioner has submitted that the petitioner has entered into agreement with Developer vide Annexure-2 by which all the work was to be done by the Developer. All these forgeries if, at all, has been done, is the work of Developer. Counsel for the petitioner has further submitted that in the concerned document the Developer has done all the wrong acts as he has mentioned name of the petitioner in the body of the Affidavit, undertaking and other documents as annexed with the written report, but there is no signature of the petitioner in the column of deponent, rather, Developer himself has signed on those papers. The Court below has rejected the petition filed by the petitioner on the ground that witnesses have supported the allegation against the accused persons in the case diary.