IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14863 of 2010
1. KALO DEVI, W/o Balgobind Paswan.
2. Balgobind Pawan, S/o Late Rameshwar Paswan.
3. Batoran Paswan, S/o Balgobind Paswan.
Versus
1. THE STATE OF BIHAR.
2. 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.
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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
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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.
(Anjana Prakash, J.)
Vikash/-