Anil Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39668 of 2023 Arising Out of PS. Case No.-332 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== ANIL KUMAR SINHA son of Jadunandan Singh Mohalla- Shastri Nagar PsRampur Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Upendra Yadav son of Anant Lal Verma Mohalla- Magadh Colony Po PsChandauti Gaya Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-07-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

2. This application is filed for quashing the order dated 08.01.2018 passed by Judicial Magistrate-1 class, Gaya in complaint case no. 332/2017 whereby the learned Court has taken cognizance against the petitioner under Section 420 and 467 of the Indian Penal Code.

3. Prosecution story in short is that the petitioner is said to have executed a forged and fabricated sale deed in favour of one Suresh Prasad.

4. It has been submitted by the learned counsel for the petitioner that some documents have been relied in the

Patna High Court CR. MISC. No.39668 of 2023(2) dt.26-07-2023 2/2 complaint case have not been annexed in the complaint. Therefore, the application should be allowed and the prosecution of the petitioner shall be quashed.

5. At this stage, the defense of the petitioner shall not be looked by this Court. Appropriate stage will be at the Stage of framing of charge.

6. Accordingly, this application is dismissed with liberty to petitioner to raise all the ground at the stage of framing of charge.

(Sandeep Kumar, J) sunnykr/- U