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2019 Supreme(Jhk) 321

RAJESH SHANKAR
Ram Krishna Upadhyaya @ Krishna Kumar Upadhyaya – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Binod Kumar Dubey
For the Respondent: Mr. Deepak Kumar

JUDGMENT :

1. The present petition has been filed for quashing the order dated 05.08.2009 passed by the Judicial Magistrate, 1st Class, Hazaribagh in Complaint Case No. C-703/08 whereby the learned Court below has taken cognizance of the offences under Sections 420/467/468 of the IPC against the petitioners.

2. The brief facts of the case, as stated in the present petition, is that Complaint Petition No. C-703/08 was filed by the O.P.No.2 alleging that in the month of May, 2006 the petitioners by preparing forged and fabricated documents, made claim that they had purchased the land appertaining to Khata No. 39, Village-Kawatu, P.S-Ichak, District-Hazaribagh from one Most. Deojani Devi. The true fact is that after the death of Ram Tahal Upadhyaya (the son of the recorded tenant), his wife Most. Deojani Devi moved the family of the complainant’s ancestor and the entire share of Ram Tahal Upadhyaya came in possession of the sons of Sheo Nath Upadhyaya. It has further been alleged that the person named as identifier of Most. Deojani Devi in the sale deed, namely, Ramdeo Upadhayaya, son of Sheonath Upadhyaya, had already died on 12.11.1986 whereas the sale deed was said to be executed on






















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