The High Court of Patna dismissed a quashing petition challenging an order of cognizance under the Indian Penal Code. The court held that allegations of impersonation and creation of a forged document established a criminal matter beyond a mere civil dispute.
None. The quashing petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41901 of 2013
Arising out of P.S. Case No.7 Year- 2011 Thana NALANDA COMPLAINT CASE District NALANDA (BIHARSHARIFF)
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.... .... Petitioners
Versus
.... .... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Ram Prasad Singh For the Opposite Party/s : Mr. Shailendra Kumar 1 (App)
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
dated 26.06.2012, passed by learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda in Complaint Case No.7C/11 whereby cognizance has been taken under Sections 420, 465, 468, 471 and 120(B) of the Indian Penal Code.
Patna High Court Cr.Misc. No.41901 of 2013 (6) dt.03-07-2017
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deed in the year 1990 in favour of Mridula Sinha, their sister-inlaw with respect to their share of land so the allegation that someone impersonated those two brothers and executed sale deed in favour of Mridula Sinha is outrightly false allegation and Title Suit No.249 of 2010 has been filed by the petitioners for declaring the sale deed executed by the complainant in favour of Sangita Kumari as null and void.
Patna High Court Cr.Misc. No.41901 of 2013 (6) dt.03-07-2017
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some other person impersonated the complainant and his brother and executed sale deed in favour of petitioner no.1, the wife of the third brother.
(Arun Kumar, J.)
S.Kumar/-
U T
2 issues framed by the court
Whether the order of cognizance in a criminal complaint alleging forgery of a sale deed can be quashed.
Whether the existence of a civil title suit precludes the taking of cognizance in a criminal matter involving forgery.
Mridula Sinha
Madan Prasad
Ajay Kuamr
The State of Bihar
Ranjeet Kumar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
