High Court Patna High Court - Orders

Kalo Devi &Amp; Ors vs The State Of Bihar &Amp; Anr on 16 December, 2010

Patna High Court – Orders
Kalo Devi &Amp; Ors vs The State Of Bihar &Amp; Anr on 16 December, 2010
             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.
                                 -----------

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.

(Anjana Prakash, J.)
Vikash/-