Case Facts:
Patna High Court Cr.Misc. No.35460 of 2009 (4) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35460 of 2009 ====================================================== 1. Mosomat Shail Devi 2. Smt. Sunita Devi 3. Umesh Jha 4. Kishore Jha 5. Bibhuti Chandra Jha 6. Pankaj Kumar .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kr. Mishra-Adv. Mr. Amit Kumar Mishra For the Opposite Party/s : Mr. Raj Ballabh Singh-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 04 17-12-2012 This is an application for quashing the order dated 28.4.2009 passed by Judicial Magistrate, Samastipur in C.R. No.524 of 2008 under [STATUTE] . Heard learned counsel for the petitioners and learned counsel for the state. In brief, a transfer deed is executed by petitioner no.1 in favour of petitioner no.2 for lands of plot nos.5313 and 5315. It is said that alluring petitioner no.1, petitioner no.3 in collusion with rest of the petitioners, witness and scribe of the deed got executed the deed in name of petitioner no.2 for the consideration money of Rs. One Lac twenty thousand (Rs.1,20,000/- only). It is said that deed is executed for the land of complainant’s share also. Submission on behalf of learned counsel for the petitioners is that transfer deed is executed on behalf of petitioner no.1 as Patna High Court Cr.Misc. No.35460 of 2009 (4) dt.17-12-2012 owner of the land, there was no allurement or any forgery, if there is any dispute for share that cannot be decided in criminal proceeding. I am also of the view that no prosecution is liable to be sustained for its continuation. Accordingly, this quashing application is allowed and impugned order dated 28.4.2009 passed in C.R. No.524 of 2008 along with the whole prosecution against the petitioners is hereby quashed. Vikash/- (Mandhata Singh, J)

Applicable IPC Section: 471

Statute Text:
Section 471 of the Indian Penal Code. Using as genuine a forged document which is known to be forged. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.