IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55606 of 2006 KASIM ANSARI @ MOHAMMAD KASIM ANSARI S/o Late Noor Mohammad Ansari, resident of Tula Chapar, P.S. Gopalpur, District- Gopalganj, the then Anchaladhikari, Bettiah Anchal, Bettiah District- West Champaran, at present, Block Development Officer, Khusrupur Block, PS Khusrupur, District Patna ........petitioner Versus 1. STATE OF BIHAR 2. Rana Abhay Singh S/o Late Ram Krishna Singh, resident of Mohalla – Ujjain Tola, Bettiah, PS Bettiah Town, District West Champaran .... Opposite Parties. ----------- 7 29-01-2010 Heard learned counsel for the petitioner and learned counsel for the State. Inspite of notice nobody appears on behalf of O. P. no.2, the complainant, to oppose this application for quashing of a complaint case against this petitioner who is a government officer posted as Circle Officer of Bettiah and had passed an order of mutation at the instance of brother of complainant on the basis of documents showing partition between the brothers which according to complainant are forged papers and allegedly no partition had taken place. It has been submitted on behalf of the petitioner that the dispute is between the two brothers over the issue whether their earlier partition was a genuine one or not and as a Government Officer having proper jurisdiction this petitioner simply passed orders of mutation on the basis of documents of partition 2 presented by the parties. It has further been submitted that there is no material to show that the petitioner did not act bonafide in discharge of his official functions and he had any inkling that the documents of partition were not genuine. It has further been submitted that even at present in a complaint case it may not be possible to hold that the documents of partition are forged and the matter may ultimately have to be adjudicated by the Civil Court if the brothers continue to litigate. Lastly, it has been submitted that no cognizance should have been taken by the learned Chief Judicial Magistrate, Bettiah against the petitioner in absence of sanction from the State Government. It appears that petitioner is at present posted as Block Development Officer, Khusrpur block in the district of Patna. On a careful perusal of the complaint petition, it appears that the allegations of forgery and cheating are directed against accused no.1, own brother of the complainant, and not against the petitioner who is accused no.2 and described as the then Anchanadhikari, 3 Bettiah block district Bettiah. The allegations made in the complaint petition and other materials fail to make out any case of cheating against this petitioner and in any case for his acts in the capacity of Anchaladhikari/ Circle Officer, Bettiah petitioner exercised his powers lawfully and he cannot be prosecuted for such acts in absence of valid sanction from the competent authority. For the aforesaid reasons, this application is allowed and the impugned order of cognizance dated 23-6-2004 passed by the learned Subdivisional Judicial Magistrate, Bettiah in complaint case no. 1833-C/2003 leading to Trial no. 1349/04 is quashed insofar as it is against this petitioner. BKS/- (Shiva Kirti Singh, J.)