MITHILESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 4.6.93 passed by the Sassions Judge, Samastipur, in Cr.Revision No. 138/92.

(2.) THE brief facts leading to this application is that O.P.No.2 Gunanand Kuer (now dead) whose heirs have been substituted as O.P.No. 2(1) to (iii), filed a complaint petition in the court of S.D.J.M., Dalsingsarai at Samastipur which was sent for instituting a case in Vidyapatinagar Police Station and also for investigation. On the basis of the complaint petition a case bearing Vidyapatinagar P.S.Case No. 72/83 was instituted under Sections 419, 420, 467, 471 I.P.C. against the accused -petitioners and after investigation the Police found the case false and submitted Final Form with recommendations for instituting a case under Sections 182 and 211 I.P.C. A protest petition was filed by the complainant who was examined on solemn affirmation and then the S.D.J.M. sent it to Sri S.K. Chowbey, Judicial Magistrate, Dalsingsarai under Section 192 Cr.P.C. During the course of enquiry the complainant examined three witnesses and the said protest petition was dismissed on 26.2.92 in C.R.No. 154/91. The complainant filed a revision application before the Sessions Judge bearing Cr.Revision No. 138/92 and the impugned order was passed in that revision case remanding the case back to the court below for consideration in accordance with law.

(3.) THE case of the complainant in brief is that the accused petitioners in conspiracy with each other knowing fully well that Kamaldhari Kuer died issueless, set up the petitioner, the daughter of Kamaldhari Kuer and impersonated her as daughter of Kamaldhari Kuer and got executed 13 Sale -deed fraudulently on two different dates i.e. 10.10.88 and 2.2.89. Hence, the aforesaid complaint petition was filed under Sections 419, 420, 467, 471 I.P.C.