LAWS(PAT)-2019-9-17

RAHUL KUMAR PANDEY Vs. STATE OF BIHAR

Decided On September 11, 2019
Rahul Kumar Pandey Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner in the present case is seeking review and recall of the order dated 23.07.2018 passed by the Hon'ble Division Bench of this Court on 23.07.2018 in C.W.J.C. No. 14197 of 2018.

(2.) By the order under review the Hon'ble Division Bench of this Court took cognizance of a letter written by a senior citizen, who is opposite party no. 2 now in the present case, pointing out that she is being threatened by some persons against whom she had lodged a first information report bearing No. 79 of 2018 under Section 420, 467, 468, 471, 447, 120B read with 34 of the Indian Penal Code in Raghunathpur Police Station. She alleged that the accused persons had created a forged and fabricated documents and got a Jamabandi created in respect of a piece of land which the opposite party no. 2 had purchased from her hard earned income and retirement benefits after her superannuation from service as a government teacher.

(3.) In her letter addressed to the Hon'ble the then Chief Justice of this Court of which cognizance was taken treating as a public interest litigation, the opposite party no. 2 alleged that the accused persons have with an intention to damage the reputation of the opposite party no. 2 and her family as also with an intention to put pressure upon her, lodged the Complaint Case no. 1407 of 2018 in which learned Chief Judicial Magistrate, Siwan had directed for lodging of the FIR in exercise of his power under Section 156(3) of the Code of Criminal Procedure.