KALO DEVI v. Batoran Paswan

THE STATE OF BIHAR.

Md. Moinuddin, S/o Late Hakim Mohammad Sadique, R/o Village- Shrichandpur, P.S. –Harnaut, District-Nalanda at present Mohalla- Dariyapur, Dube Lane, P.S.-Pirbahore, District-Patna. -----------

02. 16.12.2010 The petitioners seek quashing of the order dated

27.01.2010 passed in Bihar P.S. Case No. 191 of 2007 by which the Chief Judicial Magistrate, Nalanda at Biharsarif has taken cognizance under Sections 420, 467, 468 and 471 IPC after the matter was remanded to him by the Revisional Court. The case of the complainant/informant was that he used to reside in Saudi Arabia but when he returned in 2000 he discovered that the lands of which he was the sole owner has been sold by his brother to the present petitioner through forged and fake sale deeds. The matter was investigated by the police where it was sent to it under Section 156(3) Cr.P.C. and final report was submitted in the matter which was accepted by the Magistrate initially but the Revisional Court set aside the order and remanded the same to the Court below for passing a fresh order on the point of cognizance. It has been submitted on behalf of the petitioners that even taking the entire case as true no offence 2 whatsoever would be made out against the petitioners since they were only purchasers of the said land and did not themselves create any false document or cheated anyone by purchasing the lands in question. Considering the submissions made above, I am inclined to allow this application and quash the order dated 27.01.2010 in Bihar P.S. Case No. 191 of 2007 so far as it relates to the petitioners. Vikash/- (Anjana Prakash, J.)