BHOLA NATH OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the CodeT). It is directed against the order dated 24-7-1992 passed in Criminal Revision No. 30/92 by Shri S.K. Mishra, Sessions Judge, Madhepura, by which the order dated 23-8-1991 passed by Shri R. Kumar, Chief Judicial Magistrate, Madhepura in G.R. Case No.112/90 (Gamharia P.S. Case No. 005/90) was confirmed.

(2.) The facts of this case lie in a narrow compass. Opposite party No.2 Shitla Nand Jha, lodged Complaint Case No. 702(c) of 1989 against the petitioner and one Basudeo Mushar before the Chief Judicial Magistrate, Madhepura on 16-11-1989. The learned Chief Judicial Magistrate sent the complaint petition to Gamhariya police station for registering a case and submission of final form, Accordingly. Gamhariya P.S. Case No. 5/90 dated 21-1-1990 was registered under Sections 465, 468 and 471 of the Indian Penal Code for an occurrence alleged to have taken place in the year 1928. As per this complaint case, the petitioner was said to be the Tahsildar of the late Banshidhar Dhandhania of Bhagalpur and in this capacity he kept various tent receipts of the landlord with him out of which seven receipts from 1333 F.S. to 1346 F.S. were issued to Bachchu Mushar by the petitioner. In the proceeding under Sections 144 and 145 of the Code (Misc. case No. 354 of 1986) these receipts were produced before the learned Magistrate by Basudeo Mushar, son of Bachchu Mushar. This proceeding was, however, dropped by the Sub Divisional Officer on 6-9-1989 with an observation that parties were free to move competent Court for redressal of their grievances.

(3.) The complaint petition was filed on the assumption that the rent receipts produced by Basudeo Mushar were not originals but on the other hand they were forged documents. The police after completing the investigation submitted the charge-sheet as mentioned above also against the petitioner.