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2008 Supreme(Pat) 346

ABHIJIT SINHA
Vijaya Lakshmi – Appellant
Versus
State Of Bihar – Respondent


Judgment

ABHIJIT SINHA, J.

1. The three Petitioners who along with others have been made to figure as accused in Complaint Case No. 2022 of 2006 have prayed for the quashing of Order dated, 24th April, 2007 passed therein by Sri Sahgir Alam, Judicial Magistrate, First Class, Siwan, whereby cognizance has been taken for offences under Sections 465 and 471 I.P.C.

2. Ramchandra Prasad, the Complainant, impleaded as Opposite party No. 2 herein, filed the aforesaid complaint stating that 10 Kathas, 15 Dhoors of Dih Basgeet land appertaining to Khata No. 614, Plot No. 4246 was jointly recorded in the name of Lal Bahadur Lal Rudar, Ragunath Lal, Sheonath Lal and Dwarika Sahay and that Dwarik Sahay died leaving behind two sons Raghunath Lal and Sheonath Lai and Lal Bahadur Lal Rudar during his life time used to live with the sons of his brother, Raghunath Lal and died issueless whereafter the entire property was managed by Raghunath Lal and Sheonath Lal. It is said that in the family partition the aforesaid land fell in the share of Sheonath Lal over which he constructed a house and Bathan and on the remaining portion grew vegetables etc.

3. It is alleged that on 19th November, 2006 he got











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