Case Facts:
Criminal Writ No.559 of 2007 =========================================================== 1. Mostt. Champa Devi, W/o Late Bachche Lal Rai, resident of village- Iniyatpur Dhamoun, P.S.-Patori, District-Samastipur. 2. Smt. Mamta Devi, W/o Sri Devendra Prasad Shah, resident of village-Chak Salem, P.S.-Patori, District-Samastipur. 3. Rajesh Kumar, son of Sri Binod Kumar Tiwary, resident of village-Shahit Tajpur, P.S.-Vidyapati Nagar, District-Samastipur. 4. Shashi Bhushan Karn, S/o Late Lakmeshwar Prasad, resident + P.S.- Dalsingh Sarai, District-Samastipur. 5. Baua Lal Rai, S/o Ram Sudin Rai, resident of village-Jawaharpur, P.S.- Muffasil Samastipur, District-Samastipur. 6. Ganesh Pandy, S/o Jai Mangal Pandey, resident of village-Rupauli, P.S.- Patori, District-Samasipur. .... .... Petitioners. Versus 1. The State Of Bihar 2. Superintendent of Police, Samastipur. 3. Deputy Superintendent of Police, Patori Sub Division, Samastipur.] 4. Officer-in-charge, Patori Police Station-cum-Investigating Officer of the present case. 5. Prem Shankar Trivedi, S/o Late Devendra Tiwary, resident of village-Chak Salem, P.S.-Patori, District-Samastipur. 6. The Collector, Samastipur, P.S.-Samastipur, District-Samastipur. 7. The District Sub-Registrar, Samastipur, P.S.-Samastipur, District- Samastipur. .... Respondents. with Criminal Writ No. 422 of 2007 =========================================================== 1. Hardeo Rai , son of Sitaram Rai. 2. Raj Kumar Choudhary, son of Late Dharmdeo Choudhary. Both residents of village Chak Salem, P.S.-Patori, district-Samastipur.r 3. Raj Kishore Rai, son of Late Ramdeo Rai, village-Sirdilpur, P.S.-Patori, district-Samastipur. 4. Sushila Devi, wife of Harishankar Rai, village-tara Dhamaun, P.S.-Patori, District-Samastipur. 5. Sahdeo Bharti, son of Late Sitaram Rai. 6. Bhola Singh, son of Late Shrikant Sharma. Both residents of village Chak Salem, P.S.-Patori, District-Samastipur. 7. Chandeshwar Prasad Sinha, son of Late Ram Kripal Prasad, resident of village & P.S.-Dalsing Sarai, Samastipur. 8. Anil Tiwari @ Anil Kumar, son of Suresh Chandra Tiwari, 9. Mrinal Kant Tiwari, son of Suresh Chandra Tiwari. Both resident of village Shahid Kata Tola, Parganawala Gach, P.S.- Vidyapatinagar, District-Samastipur. .... .... Petitioners. Versus 1. The State Of Bihar through Officer-in-charge, Patori Police Station, District-Samastipur. 2 2. Prem Shankar Trivedi, S/o Late Devendra Tiwary, resident of village-Chak Salem, P.S.-Patori, District-Samastipur. 3. Superintendent of Police, Samastipur. 4. The Collector, Samastipur, P.S.-Samastipur, District-Samastipur. 5. The Sub-Registrar, Samastipur, P.S. &, District-Samastipur. .... Respondents. =========================================================== Appearance : (In CR. WJC No. 559 of 2007) For the Petitioners : Mr. D.K. Sinha, Sr. Advocate. Mr. Anil Kumar Singh No.1, Adv. For the Respondent No.5 : Mr. Ashutosh Ranjan Pandey, Adv. Mr. Anshuman, Adv. Mr. Rakesh Narayan Singh, Adv. Mr. Ramanuj Tiwary, Adv. For the State : Mr. Debanjan Choudhary, Ac to AAG-1. (In CR. WJC No. 422 of 2007) For the Petitioners : Mr. Ramakant Sharma, Sr. Advocate. Mr. Syed Hussain Majeed For the Respondent No.2 : Mr. Ashutosh Ranjan Pandey, Adv. Mr. Anshuman, Adv. Mr. Rakesh Narayan Singh, Adv. Mr. Ramanuj Tiwary, Adv. For the State : Mr. Mrigendra Kumar, Ac to SC-10. =========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI C.A.V. JUDGMENT Date: 02-03-2012 A.K. Trivedi, J. In Criminal Writ No. 422 of 2007, Hardeo Rai, Raj Kumar Choudhary, Raj Kishore Rai, Sushila Devi, Sahdeo Bharti, Bhola Singh, Chandeshwar Prasad Sinha, Anil Tiwari @ Anil Kumar Tiwary, Mrinal Kant Tiwari are the petitioners while in Criminal Writ No. 559 of 2007, Tripuranand Tiwary (since deceased) Mostt. Champa Devi, Mamta Devi, Rajesh Kumar, Shashi Bhushan Karn, Babu Lal Rai, Ganesh Pandey, are the petitioners and with the consent of learned counsel for both the parties, both the above referred writ petitions have been analogously heard and are decided by a common judgment. In both the criminal writs there has been prayer of quashing of F.I.R. of Patori P.S. Case No.9 of 2007 as well as prosecution. Respondent, Prem Shankar Trivedi filed written report before the 3 Officer-in-charge, Patori P.S. disclosing therein that the accused persons in conspiracy to each other to put wrongful loss to State Exchequer and further withholding to disclose the nature of land as homestead land executed sale deed showing less valuation of the land than the real one and by such action, they have managed to pay less registration fee than the actual one. It has been contended on behalf of petitioners that instant case happens to be malicious one and been instituted out of personal grudges, vendetta in the background of the fact that the informant as well as vendors of the land in question are descendant from common ancestor and as there happens to be dispute with regard to share according to the informant for which Title Suit No.182 of 2006 has been instituted by the informant himself against the vendors and others for declaration of title and confirmation of possession, declaration of sale deed as void with other ancillary reliefs. Therefore, the present prosecution appears to be non- permissive in the eye of law. Further submitted that no action is required against the witness, identifier as there is no complain or allegation levelled against them nor they are at all concerned with the creation of the document, more particularly, with the consideration amount what have been shown in the sale deed. It has further been submitted that there is no allegation regarding creation of the document by any deceitful means nor it happens to be a case of impersonation. As such launching of prosecution against the witness, identifier, appears to be non-maintainable. Then it has been submitted that coming to remaining petitioners/ accused, no offence under Section

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.