IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10661 of 2000 GANESH PRASAD & ANR Versus STATE OF BIHAR & ANR ----------- 3/ 2.7.2010 Heard learned counsel for the petitioners and also learned counsel for the state. Admittedly, the complainant did not have anything to do with the land in question. It is also not denied that the two deeds were executed by the accused no. 1, who is now reported dead, in favour of the two remaining accused persons. In that deed also, as per the allegation, a description of the land as regards its plot number, area and other details were not wrong. What was alleged was that the real C.S. Khata number, which was required to be put in the deed, was concealed and in its place a wrong khata number was inserted. Admittedly, the land was belonging to the Government of Bihar. Forgery is making a false document or part of a document with an intent to create wrong title or for supporting a wrong title. In the present case, the description of the land does not appear wrong. It correctly appears mentioned as regards plot number, area besides its boundary. Merely mentioning a wrong khata number could not render a document forged and fabricated. In that view, the offence for which the petitioners were summoned, appears not made out and, as such, the whole prosecution initiated through Complaint Case no. 800 C of 1998 by the learned Judicial Magistrate, Ara by her order dated 3.12.1999 is 2 hereby quashed. Anil/ ( Dharnidhar Jha, J.)