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2012 Supreme(Pat) 329

RAJENDRA KUMAR MISHRA
Harendra Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr. Akhileshwar Kumar Srivastava.
For the State : Mr. Dashrath Mehta.

RAJENDRA KUMAR MISHRA, J.:–The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 08.11.2000, passed in Complaint Case No. 611-C of 1999 by the Court of Sri H.P. Tripathy, Judicial Magistrate, 1st Class, West Champaran at Bettiah, summoning the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Sections 418, 419, 420, 466, 467, 468, 471, 474 and 120-B of the Indian Penal Code.

2. In brief, the case is that opposite party no. 2, Kishori Mahto (since deceased), filed the complaint petition in the Court of the Chief Judicial Magistrate, West Champaran at Bettiah, alleging therein that accused petitioner no. 1, Harendra Mahto, who is his nephew is separated to him and has no concerned to his property. He used to cultivate his land separately and has sold his land to Baristar Rao. The complainant-opposite party no. 2 further alleged that he came to know that his nephew, accused-petitioner no. 1, Harendra Mahto has filed the Title Suit No. 63 of 1992, pending in the Court of Sub-Judge- IV, Bettiah, using forged gift deed dated 27.09.1988 regarding his land deta





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