IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34285 of 2001 MUNRIKA PASWAN Versus STATE OF BIHAR & ANR ----------- 6. 18.8.2010 Heard. The petitioner has been summoned in Complaint Case No. 912 of 2000 by an order passed on 17.4.2001 by the Sub-divisional Judicial Magistrate, Aurangabad for committing offences under Sections 420, 120(B),467, 468,470 and 471 of the Penal Code. The allegation is that the accused persons by putting up an imposter in place of the complainant got a deed of gift executed, registered and conveyed certain land to some of them. The petitioner’s name appears at serial no.5 of the column of accused but there is absolutely no allegation as to how he contributed in making of a false document by forging the deed of gift. The photostat copy of the deed of gift is available on the lower court record and on perusal of the same I find that there is no contribution of the petitioner as regards bringing into existence that very document. It is true that a witness has alleged the petitioner as one of the persons who had associated himself with the accused persons in fabrication of the record but in face of the material on record and in absence of any specific allegation against the petitioner, allowing the prosecution of the petitioner could be an abuse of the process of the court. In the result, the petition is allowed and prosecution of the petitioner Munrika Paswan is hereby quashed. 2 However, the prosecution of other accused shall proceed without any hindrance. Let the lower court record be immediately sent to the lower court. Kanth ( Dharnidhar Jha, J.)