Subodh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19419 of 2014 Arising out of PS. Case No.-211 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Subodh Kumar Son of Arjun Prasad Residence of Mohalla- Laljee Tola, P.S.- Gandhi Maidan, District- Patna, Deed Writer, licence No.-192/2002, Registry office, Patna Sadar, P.S.- Gandhi maidan, District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Poonam Devi Wife of Sri Bhushan Prasad, resident of MohallaBishunpuri, Chitkohra, P.S.- Gardanibagh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s :

Mr. Nityanand (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 18-07-2018 Seeking quashing of an order dated 12.07.2013 passed by Miss Rashmi, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 211(C)/2013 for the offences registered under Sections 420, 465, 467, 468, 469, 471, 504 and 120B of the Indian Penal Code, this application has been filed under Section 482 Cr.P.C.

From the records it is seen that the respondent complainant has filed the complaint against 10 persons which include the present applicant Sri Subodh Kumar. The present applicant is only a licensed Deed Writer and it is alleged that the documents which were fraudulently prepared by Jitendra Kumar

Patna High Court Cr.Misc. No.19419 of 2014 dt.18-07-2018 2/3 and others to dispossess the respondent complainant from the land were got prepared by the Deed Writer i.e. the petitioner. Except for making the aforesaid allegation in the body of the complaint, there is no material available on record to show that the petitioner as a Deed Writer has entered into a conspiracy with the other co-accused persons for denying the rightful claim of the complainant. In the entire complaint, there is no whisper about any conspiracy or overt act on the part of the petitioner in the matter of dispossessing the complainant from the lands in question. The only allegation is that the fabricated document on the basis of which the other co-accused persons are claiming the benefit was written by the present petitioner.

Based on the aforesaid simple allegation without there being any material to show involvement of the present petitioner in framing of the conspiracy and the ingredients necessary for constituting the offence under Section 120B I.P.C.

Patna High Court Cr.Misc. No.19419 of 2014 dt.18-07-2018 3/3 quashed.

Accordingly, this application is allowed and the entire proceedings of Complaint Case No. 211(C)/2013 is quashed.

(Rajendra Menon, CJ) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 20.07.2018 Transmission Date 20.07.2018