RAMDEO SHARAN GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Rashmi Kumar, learned counsel for the petitioner, Mrs. Anuradha Sahay, learned counsel for the State and Mrs. Jasvindar Mazumdar, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing of entire criminal proceeding arising out of Complaint Case No.72/2012 including the order taking cognizance dtd. 21/7/2014, pending in the court of the learned Judicial Magistrate, 1stClass, Koderma.

(3.) Mrs. Rashmi Kumar, learned counsel for the petitioner submits that earlier Complaint Case being No. 55/2006 was filed by the opposite party no.2 against the accused persons alleging therein forgery of some sale deeds on 9/1/1979, 22/5/1982 and 22/1/1983, on which dates, it is alleged that the forged sale deeds were manufactured by the accused persons. The complaint petition was sent for institution of the police case, on the basis of which, Jainagar P.S Case no. 33 of 2006 corresponding to G.R No. 176 of 2006 was instituted and after investigation, the police submitted final form in the said case. Thereafter, the complaint case by way of protest petition was again filed by the opposite party no.2 with the same allegations and upon enquiry, the said complaint cum protest petition has also been rejected by the order dtd. 4/9/2010. She further submits that the case of the petitioner was that the father of the complainant died in the year 1977, for which death certificate was issued by Panchayat Sewak of Gram Panchayat Jainagar on 28/10/2005 after some verification and it has been alleged that in spite of this, the petitioner in connivance with other accused persons fabricated another death certificate on 24/2/2006, which shows that the complainant's father died on 5/1/1986. She also submits that the Complaint Case No.55/2006 was filed against other accused persons including the petitioner, in which, the police after investigation has submitted final form in favour of the accused and, thereafter the complainant has filed protest petition which was dismissed under Sec. 203 Cr.P.C. by the learned court vide order dtd. 4/9/2010, which was challenged before this Court in Criminal Revision No.1008/2010, which was also dismissed vide order dtd. 12/4/2012. She submits that in the present complaint case, there is same allegation against the petitioner. On these grounds, she submits that there is abuse of process of law and, therefore, entire criminal proceedings may kindly be quashed.