Nathuni Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33203 of 2018 Arising Out of PS. Case No.-311 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Nathuni Singh Son of Late Keshar Singh Resident of Village - Kaser, P.S. - Bhagwanpur, Distt. - Kaimur Bhabua.

2.

Bharat Singh Son of Late Mushan Singh resident of village - Bhabua Ward No. 6, P.S. - Bhabua, Dist. - Kaimur Bhabua.

3.

Parmanand Pandey Son of Late Ramsihasan Pandey resident of village - Purshottampur, P.S. - Chainpur, Dist. - Kaimur Bhabua. 4.

Smt. Brijnari Devi wife of Sri Amardeo Singh resident of village - Barahiya, P.S. - Chand, Dist. - Kaimur Bhabua.

5.

Dilip Kumar Singh Son of Tribhuwan Singh resident of village - Akhalaspur, P.S. - Akhalaspur, Dist. - Kaimur Bhabua.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Satyendra Narayan Triwedi @ Satyendra Narayan Tiwari Son of Late Gulab Shankar Tiwari Resident of Village - Akhalaspur, P.S. - Bhabhua, Dist. - Kaimur Bhabua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2023 Heard learned counsel for the parties.

2. This application has been filed for quashing the F.I.R. bearing Bhabhua P.S. Case No. 311/2018 dated 29.04.2018 registered under Sections 420/ 423/ 466/ 467/ 468/ 469/471 of the Indian Penal Code whereby and where under it has been alleged that by way of impersonating the informant a sale deed with respect to his 30 decimal of land has been executed in favour of the accused persons.

Patna High Court CR. MISC. No.33203 of 2018(6) dt.31-07-2023 2/3

3. As per prosecution case, complainant has stated in his complaint petition that he has inherited 1-35-5 decimal of land under Khata No. 616 Plot No. 2897 situated at Mauza Akhalaspur, Bhabhua P.S. The complainant is the remaining sole descendant of his parents after death of his father. After the death of his father the complainant was mutated and rent receipt was issued in his name with regard to the said land. It has further been alleged that when he went to pay the rent of the aforesaid land he surprisingly came to know that 30 decimals of complainant's land have been mutated in favour of some other persons. Thereafter he went to Registry office Bhabhua on 10.03.2018 and obtained a certified copy of the sale deed in question on 15.03.2018. He further stated that from perusal of the said sale deed bearing no. 6585 dt. 10.11.

2016 he came to know that accused persons had got the forged sale deed executed impersonating him by way of arranging another person showing that the consideration amount of Rs. 9 Lacs was paid to him in order to execute the sale deed. On the basis of said information the F.I.R. bearing Bhabhua P.S. Case No. 311/2018 has been instituted against the petitioners.

4. Pursuant to the order of this Court the Investigation Officer of the case has appeared and he has submitted that

Patna High Court CR. MISC. No.33203 of 2018(6) dt.31-07-2023 3/3 formalities for comparison have been completed by the opposite party no. 2 recently. In these circumstances, this Court is not inclined to interfere in the F.I.R., if charge-sheet is submitted then the petitioner will have liberty to move this Court at the appropriate stage.

5. In view thereof, this application is disposed of.

6. The Police is directed to conclude the investigation within six months from the date of receipt of communication of this order. This order is passed in presence of the Investigating Officer of the case.

(Sandeep Kumar, J) Ranjeet/- U T