Criminal prosecution should not be used for harassment or private vendetta, and should only be pursued when a genuine criminal offence is made out.

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 harass and injure the Informant (Opposite Party No.2).

3. Aforesaid complaint was sent to P.S. under Section 156(3) Cr.P.C. on the basis of which Phulwaria P.S. Case No.74 of 2010 was registered. The police after investigation submitted Final Form in the case stating that the case relates to land dispute. The Court below after differing with the Final Form submitted by the police took cognizance against the Petitioners by the impugned order under Sections 467, 468, 471, 120-B Indian Penal Code.

4. Counsel for the Petitioners submits that Opposite Party No.2 is nephew of Petitioner No.1, who was looking after landed property of Petitioner No.1. He has siphoned off 5 Bighas and 7 Katthas of land of Petitioner Nos.1 to 3 through Mutation Case No.285/05-06 in Phulwaria Block, Gopalganj. The Petitioners are themselves victims of Opposite Party No.2. During course of investigation, it has come that entire proceeding of Mutation Case No.285 of 2005-06 was written in the handwriting of one Awadh Kishore Ojha, who is father-in-law of the Opposite Party No.2 and was a Revenue Karamchari in Phulwaria Block at that time. It was found after detailed enquiry that no such Deed of Gift No.4060 dated 22.11.1959 was ever presented before the Circle Officer for pursuing Mutation Case and the said Deed of Gift was not in existence.

5. All the accused persons including Opposite Party No.2, who were involved in illegally passing order in Mutation Case No.285/05-06 on the basis of such non-existent Deed of Gift dated 22.11.1959, were charge-sheeted in criminal case filed against them vide Phulwaria P.S. Case No.72 of 2010 as well as Chapra Town P.S. Case No.219 of 2012.

6. Shambhu Nath Mishra (Opposite Party No.2) has created false mutation proceeding in Mutation Case No.285 of 2005-06 on the basis of non-existent Deed of Gift No.4060 dated 22.11.1959 (Ram Lagan Mishra, grand father of Petitioner No.1 Vs. Nagendra Nath Mishra, father of Opposite Party No.2) and siphoned of 5 Bighas and 7 Katthas of land of Petitioner Nos.1 to 3. In the case diary of Phulwaria P.S. Case No.72 of 2010, the Circle Officer, Phulwaria, has stated that Deed of Gift dated 22.11.1959 was not produced before him and all these acts were done by the father-in-law of the Opposite Party No.2, Awadh Kishore Ojha, who was a Revenue Karamchari. The Investigating Officer has examined the veracity of Deed No.4060 dated 22.11.1959 from the Record Room, Chapra, and recorded in para 87 of the case diary that Deed Number and Deed date does not tally with each other and the executor and executrix are different. The Petitioner No.1 came to know about the loss of his landed property of more than 5 Bighas and then he started representing the authorities like District Magistrate, Gopalganj, and the Sub-Registrar, Mirga