Azizul Hasan and Another vs State of Bihar and Another

Rekha Kumari, J.—The petitioners have filed this applications u/s 482 Cr.P.C. for quashing the order dated 31.7.2006 passed by the Judicial Magistrate, Motihari in Tr. No. 2312/ 2006 whereby he has found a prima facie case against the petitioners u/ss. 420, 423, 424, 120B of the Indian Penal Code and has directed to issue summons against them. As per allegations, the petitioners in conspiracy with co-accused of the case created a false deed of gift in their name by antedating and putting L.T.I. in the name of their grandfather who actually had died earlier.

Learned counsel for the petitioners submitted that this is purely a case of civil nature and the genuineness of L.T.I. can be decided in the title suit already filed by the complainant and hence, the impugned order was fit to be quashed. He also submitted that the case has been filed mala fide as the petitioners had earlier filed a complaint case.

Counsel for the O.P. opposed the submissions and contended that there are some cases for which actions under the criminal law and civil law can be taken. So, when the allegations is that the petitioner dishonestly brought into existence deed of gift by forging the L.T.I. of a dead person criminal action is maintainable against the petitioner.

As the allegations disclose offence against the petitioner and from the impugned order it appears that witnesses have supported the allegation I do not find any reason to interfere with the impugned order. Only because a case had been filed on behalf of the petitioners earlier, that is no ground to hold at this stage that the allegation against the petitioners is false and mala fide. In the result, I find no merit in the application. The application is dismissed.