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2022 Supreme(Pat) 1176

CHANDRA SHEKHAR JHA
Ajay Krishna Rastogi, S/o. Late Saryu Madhav Rastogi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Kumar Tiwary.
For the Opposite Party : Mr. Naveen Kumar Pandey, APP.

ORDER :

1. Heard learned counsel appearing on behalf of parties.

2. Present is an application for quashing the First Information Report of Mohania P.S. Case No. 348 of 2018 registered on 13.06.2018 under Sections 420, 419, 467, 468, 471 and 34 of the Indian Penal Code, which was lodged by opposite party No. 2, against the petitioner and other persons.

3. The prosecution case in brief, that one Manju Bala Rastogi filed a Complaint before the learned Chief Judicial Magistrate, Kaimur at Bhabua on 02.06.2018 stating thereof that she married with one Dinesh Chandra Rastogi and residing at Merath. Accused/petitioner is own brother and a jealous person, who want to cause a loss of her property, by way of impersonation, where accused/petitioner actively participated to execute a sale deed No. 664 dated 03.02.2018 for Plot No. 31 area 1.40 decimal in favour of one Kashmira Devi/accused No. 1, with the help of deed writer, where petitioner himself stand as a witness.

4. Learned counsel for petitioner submitted that aforesaid complaint case which has been registered as Complaint Case No. 686 of 2018, was forwarded to Mohania police station for registration and institution of F.I.R., consequent u

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