GAFUR MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the prosecution case against the petitioner and the impugned ORDER :of cognizance dated the 6th/8th March, 1988 passed by the Sub -divisional Judicial Magistrate, Muzaffarpur in G.R.No. 754/86 (T.R. No. 109/93).

(2.) THE brief facts leading to this application are that a complaint was filed by Ishwar Chandra Mishra (opposite party no.2) before the Sub -divisional Judicial Magistrate, Muzaffarpur alleging inter alia that the petitioner -accused persons produced three registered sale deed no. 7206. dated 30.12.1983 and sale deed nos. 14 and 15 dated 2.1.1984 executed by Most. Bateshwar Kuar in favour of accused -petitioner nos. 2 to 8 on 30.12.1983 and 2.1.1984 before the Consolidation Officer in a case filed by the complainant -informant bearing Case No. 553/85 under Section 10(2) of the Consolidation Act. They also produced the death certificate dated 5.8.1984 of Most. Bateshwar Kuar. The complaint alleged that the aforesaid sale -deeds were forged and fabricated registered sale deeds and the accused -petitioners want to grab the property of the complainant -informant through the aforesaid sale deeds. The complainant therefore filed this complaint petition for prosecution of the accused -petitioners under Sections 193, 419, 420, 423, 465, 466, 467, 468, 471, 201 and 120 -B of the Indian Penal Code. The said complaint petition was sent to the police of Paru Police Station by the Sub -divisional Judicial Magistrate, Muzaffarpur for registering a case and Paroo P.S. Case No. 94/86 was accordingly registered.

(3.) THE police took up investigation of the case and submitted charge -sheet under Sections 143, 419, 420, 467, 468, 423, 471 and 120 -B of the Indian Penal Code. The learned S.D.J.M. Muzaffarpur took cognizance accordingly and transferred the case to the court of Shri B.K. Srivastava, Judicial Magistrate for disposal. Being aggrieved and dissatisfied with the said impugned ORDER :dated 8.3.1988 the present application has been filed for quashing the same.