GIRINDRA NATH MISHRA 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 14.3.2016 passed by the Additional Chief Judicial Magistrate, V, Gopalganj, in Phulwaria P.S. Case No.74 of 2010 by which the learned Magistrate has taken cognizance against the Petitioners for the offence under Section(s) 467, 468, 471, 120-B Indian Penal Code.

(2.) The present case arises out of the complaint filed by the Opposite Party No.2 alleging therein that Petitioners created false Deed of Gift dated 211.1959 in the name of father of Informant and thereafter making it public in spite of knowing that aforesaid Deed of Gift is forged. It is further alleged in the complaint that Deed of Gift dated 211.1959 was never registered and Mutation Case No.285/05-06 was not filed by the Opposite Party No.2 on the basis of aforesaid Deed of Gift, rather, mutation was applied on the basis of Photostat copy of Deed No.1405 dated 24.03.1960. Original copy of Deed was lost somewhere in journey. The Petitioners have created Deed dated 211.1959 and applied for mutation in favour of the Informant (Opposite Party No.2) with respect to land, in question, to harass and injure the Informant (Opposite Party No.2).

(3.) Aforesaid complaint was sent to P.S. under Section 156(3) Cr.P.C. on the basis of which Phulwaria P.S. Case No.74 of 2010 was registered. The police after investigation submitted Final Form in the case stating that the case relates to land dispute. The Court below after differing with the Final Form submitted by the police took cognizance against the Petitioners by the impugned order under Section(s) 467, 468, 471, 120-B Indian Penal Code.