Petitioner filed criminal miscellaneous application seeking quashing of an impugned order taking cognizance of an offence for impersonation. The court found prima facie case and dismissed the application.
Application for quashing of the impugned order stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9818 of 2015
Arising Out of PS.Case No. -775 Year- 2000 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN (BETTIAH)
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Ramawadhesh Prasad Kushwaha, son of Sri Mathura Prasad Kushwaha resident of Dhum Nagar, Police Station Shikarpur, District West Champuaran.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Md. Shahab Khalil For the Opposite Party/s : Mr. Renu Kumari(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 08-12-2017 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner seeks quashing of order dated 15.09.2001 passed by the Judicial Magistrate, Bettiah in Complaint Case No. 775(C) of 2000 thereby taking cognizance of offence under Sections 420, 467 and 468 of the Indian Penal Code.
A brief fact of the complaint is that accused persons got the sale deed of the land belonging to the complainant executed in their favour by another person impersonating the complainant.
Learned counsel for the petitioner submits that petitioner’s side has also lodged a case subsequently against the
Patna High Court Cr.Misc. No.9818 of 2015 (3) dt.08-12-2017
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complainant for selling the same land to some other person after their purchase, so it is a civil dispute.
Having considered the submissions, the Court finds that allegation made in the complaint does make out a prima facie case of making a false document as the allegation is someone impersonating the complainant got the sale deed executed in favour of the petitioner and others. So this application having no merit stands dismissed.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether the letters says same civil dispute or implicates criminal offence.
1 provisions across 1 enactments
Ramawadhesh Prasad Kushwaha
State of Bihar
Pramod Kumar Kushwaha
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
