KAMESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is the informant's revision against the judgment of acquittal dated 06.04.2009 passed by learned Judicial Magistrate, 1st Class, Hazaribagh in G.R. Case No. 1896 of 2001.

(2.) The prosecution case was that the petitioner, complainant in the court below is owner of the ambassador car bearing registration No. HYE- 7119. He had purchased the said car on 04.10.1996 from Balkishun Munda. On 01.05.1998 while he was coming by the said car from the garage, the opposite party No. 2 along with opposite party Nos. 3 & 4 stopped him and looted away his car. F.I.R. was lodged by the petitioner about the said incident. The police had registered the case bearing G.R. No. 1048 of 1998.

(3.) After investigation, charge sheet was issued under Section 379 IPC. The opposite parties, in course of trial of the said case, produced a purported paper of agreement for sale of the said car in their favour. Learned trial court relying on the said agreement acquitted the opposite parties in the said case. When the petitioner obtained certified copy of the said judgment and perused the same, he came to know that the opposite parties had taken a false plea of agreement and had produced forged paper of agreement. Accordingly he filed a complaint case against the opposite parties as they had forged the paper of agreement and used the same for obtaining their acquittal. The complaint case was referred to the police for investigation and on that basis case was registered in G.R. Case No. 1869 of 2001. It was registered under Sections 467, 468, 471 and 120B of the I.P.C. Police after investigation submitted charge sheet under Sections 467, 468, 471 and 120B of the I.P.C.