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2018 Supreme(Pat) 919

SANJAY PRIYA
GIRINDRA NATH MISHRA – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
Y.V. Giri, Adv., Sanjay Kumar Pandey, Adv., Anita Kumari, Adv., Jharkhandi Upadhyay, Adv., Brij Bihari Tiwary, Adv.

JUDGMENT :

Sanjay Priya, J.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.3.2016 passed by the Additional Chief Judicial Magistrate, V, Gopalganj, in Phulwaria P.S. Case No.74 of 2010 by which the learned Magistrate has taken cognizance against the Petitioners for the offence under Sections 467, 468, 471, 120-B Indian Penal Code.

2. The present case arises out of the complaint filed by the Opposite Party No.2 alleging therein that Petitioners created false Deed of Gift dated 22.11.1959 in the name of father of Informant and thereafter making it public in spite of knowing that aforesaid Deed of Gift is forged. It is further alleged in the complaint that Deed of Gift dated 22.11.1959 was never registered and Mutation Case No.285/05-06 was not filed by the Opposite Party No.2 on the basis of aforesaid Deed of Gift, rather, mutation was applied on the basis of Photostat copy of Deed No.1405 dated 24.03.1960. Original copy of Deed was lost somewhere in journey. The Petitioners have created Deed dated 22.11.1959 and applied for mutation in favour of the Informant (Opposite Party No.2) with respect to land, in question, to



















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