IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.524 of 2006 PREMCHAND KUMAR & ANR Versus STATE OF BIHAR & ANR ----------- 5 25.8.2008 This revision application has been field against the order dated 13.4.2006 passed by Sri Alok Raj, Judicial Magistrate, 1st Class, Biharsharif in Biharsharif P.S.case No.203 of 1994 G.R.No.1014/94 thereby the prayer of the petitioner for discharge has been rejected. Heard learned counsel for the petitioner and the State. The opposite party no.2, the complainant, has already died . Submission of learned counsel for the petitioners is that the entire case is false and basless.The real fact is that the deceased opposite party no.2 validly executed the sale deed but later on filed this complaint case in order to take undue advantage from the petitioners. It is further submitted that in course of investigation the L.T.I of deceased opposite party no.2 was compared with the L.T.I. on sale deed in question as well as with the L.T.I. given before the register of the registry office. All the three L.T.Is. were found to be of the same person i.e. opposite party no.2. It is further submitted that the court below has not properly appreciated the fact that there was no forgery or cheating in execution of sale deed and the court below has wrongly rejected the prayer for discharge. Considered the submission of learned counsel for the petitioners and perused the expert’s report which is annexure-2. On perusal of the report it is quite apparent that no forgery was committed and the sale deed in question was validly executed by opposite party - 2 - no.2. The L.T.I. appeared on the register of the registry office would go to show that opposite party no.2 actually appeared in the registry office and admitted the execution of sale deed. In the facts and circumstances. I am of the opinion that no offence is made out against the petitioners and the court below has wrongly rejected the petition for discharge of the petitioners. This application is allowed and the impugned order dated 13.4.2006 passed in Biharsharif P.S .Case No.203 of 1994 is hereby quashed. B.Jha (Ghanshyam Prasad)