IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37828 of 2007 GAUTAM BIHARI SINGH S/O LATE SUDIST SINGH, RESIDENT OF VILLAGE MEERA MUSEHARI, P.S. CHAPRA, P.O. MEERA MUSEHARI, DISTT.- SARAN …… PETITIONER Versus 1. THE STATE OF BIHAR 2. KAMALAWATI DEVI W/O SRI NARAYAN SHARMA, RESIDENT OF VILLAGE MARAHIYAN, P.S. CHAPRA MUFFASIL, DISTT. SARAN ….. OPPOSITE PARTIES ----------- 3. 5.2.2010 This is an application for quashing the order of cognizance dated 19.5.2006 passed by the Chief Judicial Magistrate, Chapra in Chapra Muffasil P.S.case No.56 of 2004 (Trial No.3637 of 2006) by which he has taken cognizance for the offences u/ss.420, 467, 468 and 471 I.P.C., which was affirmed by the Additional Sessions Judge, Fast Track Court No.V, Chapra, Saran in Criminal Revision No.169 of 2006 by an order dated 17.4.2007. The case of the opposite party no.2 is that the accused persons had kidnapped Veena Devi, who happens to be the niece of the Complainant and thereafter they prepared four sale deeds in her name. The complaint was sent to the police u/s.156 (3) Cr.P.C. for institution of an F.I.R. During investigation of which, the said Veena Devi appeared before the court and gave statement u/s.164 Cr.P.C. stating that she had not been kidnapped by any one nor had any document been prepared under her signature. In sum and substance she denied that any deception or cheating had been practiced by the accused persons nor had any forgery been done by them. - 2 - The simple argument of the petitioner is that in view of the statement of Veena Devi recorded u/s.164 Cr.P.C, there is no scope for any further prosecution for offences of forgery or deception and, therefore, the entire proceeding is merely an abuse of the processes of the court and is fit to be quashed. Naturally the opposite party no.2 disputes the proposition. However once Veena Devi herself appeared before the court and denied that the accused persons in any way had committed any cheating or forged any document, nothing survives in the present case. Therefore, I allow this application and quash the entire proceeding including the order dated 19.5.2006 passed by the Chief Judicial Magistrate, Chapra in Chapra Muffasil P.S.case No.56 of 2004 (Trial No.3637 of 2006) as also order dated 17.4.2007 passed by the Additional Sessions Judge, Fast Track Court No.V, Chapra, Saran in Criminal Revision No.169 of 2006. Narendra/ ( Anjana Prakash, J. )