UMA SHANKAR SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application, under Section 397 of the Code of Criminal Procedure, 1973 (in short the 'Code') is directed against the order dated 27-5-1991 passed by Shri D. R. Roy, Judicial Magistrate Ist Class, Nawadah in Complaint Case No. 14/88/Tr. No. 554/91 by which the learned Judicial Magistrate; on a petition filed under Section 319 of the Code; ordered for the issue of process against the petitioner for the alleged offences under Sections 465, 467, 468 471 and 120 (B) of the Indian Penal Code.

(2.) It appears that the complainant, Janki Devi (O.P. No. 2) filed a complaint petition before the Chief Judicial Magistrate on 11-1-1988 alleging therein that the accused persons including the present petitioner entered into a criminal conspiracy and created a forged and fabricated document purported to be the certified copy of the order passed by the Settlement Officer under Section 106 of the Bihar Tenancy Act in T. S. Nos. 58/80 and 58(A)/80 to the effect that Khata Nos. 91 and 263 were entered into the Khatiyan of Kunti Devi who was also named as an accused in the complaint petition. The allegation against the petitioner was that; he, in the capacity of Head Assistant in the record room of the Collectorate, Nawadah; issued the purported certified copy of the aforesaid forged order certifying it to be genuine. It was further alleged that the accused persons of the said case were using the aforesaid document as a genuine document. They produced it before Anchal Adhikari, Warsaliganj, who, on its basis, issued rent receipts for R. S. Khata Nos. 263 and 91 in the name of accused No. 2, Kunti Devi.

(3.) On the basis of this complaint petition (Annexure 1) Complaint Case No. 14/88 was instituted in which an enquiry under Section 202 of the Code was held by the learned Chief Judicial Magistrate. On the conclusion of the enquiry the learned Magistrate took cognizance of the offence against two of the accused, namely, Suresh Singh and Kunti Devi for the offences mentioned above but did not take cognizance against the present petitioner. He, thereafter, transferred the case to the file of Shri P. Kashyap, Judicial Magistrate, Nawadah for trial.