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1998 Supreme(Pat) 217

INDU PRABHA SINGH
Uma Shankar Sahay – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application, under Sec. 397 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 27-5-1991 passed by Shri D. R. Roy, Judicial Magistrate Ist Class, Nawadah in Complaint Case No. 14/88/Tr. No. 554/91 by which the learned Judicial Magistrate; on a petition filed under Sec. 319 of the Code; ordered for the issue of process against the petitioner for the alleged offences under Secs. 465, 467, 468 471 and 120 (B) of the Indian Penal Code.

2. It appears that the complainant, Janki Devi (O.P. No. 2) filed a complaint petition before the Chief Judicial Magistrate on 11-1-1988 alleging therein that the accused persons including the present petitioner entered into a criminal conspiracy and created a forged and fabricated document purported to be the certified copy of the order passed by the Settlement Officer under Sec. 106 of the Bihar Tenancy Act in T. S. Nos. 58/80 and 58(A)/80 to the effect that Khata Nos. 91 and 263 were entered into the Khatiyan of Kunti Devi who was also named as an accused in the complaint petition. The allegation against the petitioner was that; he, in the capacity of Head Assistant in the record room of the
































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