Case Facts:
Patna High Court CR. WJC No.411 of 2012 (4) dt.17-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.411 of 2012 ====================================================== 1. Md. Imran Sabir S/O Md. Safiruddin Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria 2. Md. Afroz Alam S/O Late Farid Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria 3. Md. Mustaque S/O Late Nasir Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria 4. Md. Shakib S/O Late Ishaque Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria 5. Md. Gufran Sabir S/O Md. Safiruddin Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria 6. Anzar Alam @ Mithu S/O Habib Ahasan Resident Of Village- Bageshwari, P.O.- Gairki, P.S.- Jokihat, District- Araria .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director General Of Police, Bihar, Patna 3. The Superintendent Of Police, Araria, District- Araria 4. The Deputy Superintendent Of Police, Araria, District- Araria 5. The Station Head Officer, Jokihat, District- Araria 6. Md. Ashfaque Alam S/O Late Chhitan Ali Resident Of Village and P.O.- Gairki, P.S.- Jokihat, District- Araria .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 17-07-2012 Heard learned counsel for petitioners and learned counsel appearing on behalf of the State. The petitioners are named accused in Jokihat P.S. Case No.99 of 2012 dated 18.3.2012 registered under [STATUTE] . The present application has been filed on behalf of the petitioners in which prayer has been made for quashing of their prosecution in the aforesaid case. Patna High Court CR. WJC No.411 of 2012 (4) dt.17-07-2012 It is stated that the petitioner no.1 is a sitting Mukhiya of Gram Panchayat, Gairki Masuriya. The informant of the case is hostile to him. He has instituted a false case in order to tarnish the image of the Mukhiya and other accused persons. Learned counsel for petitioners further submits that the first information report has maliciously been instituted. Admittedly, the case is at the stage of investigation. The first information report discloses commission of a cognizance offence. In my view the plausible defence of the accused is not to be seen at this stage. It is the allegation appearing in the first information report which is to be seen by the court. The credibility or otherwise of the defence version can either be tested by the investigating agency during investigation or can be adjudicated at the time of trial. The writ petition, being devoid of any merit, is dismissed. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 468

Statute Text:
Section 468 of the Indian Penal Code. Forgery for the purpose of cheating. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.