OM PRAKASH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned counsel for the State.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been filed by the petitioner for quashing the order dated 16.09.2016 passed by the learned Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur Sadar P.S. Case No. 238 of 2016 whereby the final form submitted by the police has been accepted and further cognizance has been taken against the petitioner for the offences punishable under Sections 182 and 211 of the Indian Penal Code (for short 'IPC') on the report of the Investigating Officer of Muzaffarpur Sadar Police Station.

(3.) The short facts giving rise to the application is that the petitioner filed a written report before the police stating therein that one Banwari Lal Banka sold 1 acre 6 decimal land appertaining to Khata No. 299, Khesra No. 2590 to his maternal grandmother Pukari Devi. One Basanti Devi, by impersonating someone else as Pukari Devi, got the sale deed executed in her favour of an area admeasuring 45 decimal from Khesra No. 2590 and 19 decimal from Khesra No. 2606 on 04.10.1988, but he was unaware of the said transaction. On 16.04.2016, when he was getting the land of his share measured, Basanti Devi came along with 5-6 persons and used abusive language and threatened to kill him and showed the sale deed.