Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39238 of 2010 ====================================================== Basuki Nath Srivastava, Son of Sri Bhirgu Nath Lal, resident of Village- Nadawan, Police Station-Buxar, District-Buxar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ----------------------- 2 04-05-2012 Heard Sri Shahjanand Choudhary, learned counsel, who was assisted by Sri Lovekush Kumar, learned counsel for the petitioner and Smt. Ansuiya Jaiswal, learned Addl. Public Prosecutor. The sole petitioner, who was at the relevant time Circle Officer and informant in Asthawan P.S. Case No.3 of 2010, has approached this Court, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, for quashing of an order dated 12.05.2010 passed by learned Chief Judicial Magistrate, Biharsharif (Nalanda), whereby cognizance of offence under [STATUTE] has been taken and the petitioner and three other accused persons were summoned. Learned counsel for the petitioner submits that there is no material in the entire case diary to implicate the petitioner, even Patna High Court Cr.Misc. No.39238 of 2010 (2) dt.04-05-2012 2 / 2 2 then the petitioner has been made accused. Learned Addl. Public Prosecutor has submitted that it was a case of connivance of the petitioner and the petitioner in connivance with the Halka Karamchari and one another accused person has committed the offence. Since after investigation, the police has submitted chargesheet and the learned Magistrate has passed order of cognizance on the basis of material available on record, it would not be appropriate for this Court to interfere with the order of cognizance at this stage. Accordingly, I do not find any ground for interference with the order of cognizance. The petition stands dismissed. If so advised, the petitioner may take all the pleas , which have been taken in the present petition , at the appropriate stage. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 469

Statute Text:
Section 469 of the Indian Penal Code. Forgery for the purpose of harming the reputation of any person or knowing that it is likely to be used for that purpose. Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.