Ganesh Ram And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58914 of 2018 Arising Out of PS. Case No.-1931 Year-2005 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== 1.
Ganesh Ram, Son of Late Damri Ram, 2.
Sanjita Devi, Wife of Rameshwar Ram, All residence of Village Barahroop P.S. Bhagwanpur, District- Vaishali. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Sundeshwari Devi @ Sundari Devi, Wife of Ganesh Ram, Residence of Village Barahroop, P.S. Bhagwanpur, P.O. Warispur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Prasad Singh, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-12-2019 This application has been filed for quashing of the order taking cognizance dated 21.12.2005 passed by learned Chief Judicial Magistrate, Vaishali in Complaint Case No.1931 of 2005 for the offences alleged under Sections 323, 379, 420 and 498(A) of the Indian Penal Code.
Although, learned counsel for the petitioner has attempted to make various submissions on facts, this Court finds on perusal of the complaint petition that there are allegations that the accused persons had forcibly by allurement taken signature of the complainant on blank sheet of paper and there are allegations of commission of forgery against these
Patna High Court CR. MISC. No.58914 of 2018(2) dt.05-12-2019 2/2 petitioners. The case is of the year 2005 and as back as on 21.12.2005 the cognizance was taken after finding a prima-facie case against the petitioners.
There is no reason for this Court to exercise its inherent power under Section 482 Cr.P.C. to quash the order taking cognizance at this belated stage after about 14 years that too when there are allegations of commission of acts of forgery against the petitioners.
This application is dismissed.
(Rajeev Ranjan Prasad, J) arvind/- U T