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2012 Supreme(Jhk) 175

PRASHANT KUMAR
Kiran Devi @ Kiran Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
A.K. Kashyap, Sr, Adv. and A. Shekhar, for the petitioner.
T.N. Verma, APP, for the State.
K.P. Deo, for the O.P. No.4.

JUDGMENT

Prashant Kumar, J.-

This is an application for quashing of F.I.R. and entire criminal proceeding in connection with Deoghar P.S.case No. 292/05 corresponding to G.R.No. 784/05 dated 20.9.2005 under Section 465/466/467/477/420 and 34 of the I.P.C. pending in the Court of C.J.M. Deoghar.

2. The case of prosecution as alleged in the F.I.R. is that one Chandra Bhushan Ojha, S/o Sri Raghunath Ojha, P.O. Ashoknagar, Kankarbagh, Patna executed a sale deed in favour of petitioner, (Smt.Kiran Devi) vide sale deed No. 3415/1994 dated 05.12.1994. It is further stated that one Sri Kamal Narayan Jha applied for certified copy of aforesaid sale deed on 06.04.2005. It is alleged that at that time, record-keeper, of Deoghar Registration Office detected that hand-writing and ink of first page of aforesaid sale deed is different from its other five pages. Thereafter, matter was brought to the notice of Deputy Commissioner, Deoghar and on his direction notice issued to Vendor, Vendee and deed writer of aforesaid sale deed. It is stated that notice on vendor has not been served, whereas vendee (petitioner) instead of filing of explanation filed a writ application in the High Court, whereas deed






















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