IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.746 of 2008 RAM CHANDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 4 10.11.2008 In the instant application the appellant prays for initiating a proceeding under section 340 Cr.P.C. against the respondents for fililing a forged document. Learned counsel for the appellant submits that vide Annexure-3 the informant has sworn an affidavit stating that the father of the petitioner died about 2 years ago. In support of his contention he has also filed a certificate issued by the Ward Commissioner, Motihari who also certified that the father of the petitioner died about two years ago. Learned counsel for the appellant has filed a death certificate stating therein that his father died on 2.5.2004 which would be four years ago. There is no allegation that the affidavit sworn by the informant is not his affidavit or that the certificate granted by the Ward Commissioner does not belong to the petitioner. The respondents have not filed any document on record stating that the death of the petitioner’s father took place two years back. It is on mere estimation and as such no case is made out for interfering with the impugned order dated 29.5.2008 passed by the 2nd Additional District and Sessions Judge, Motihari, East Champaran in S.T.No.460 of 2003. This writ petition is accordingly dismissed. However, it would be open to the petitioner to pursue his - 2 - KHAN remedy before appropriate forum in accordance with law. The dismissal of this writ petition would not incur any benefit to the respondents in a civil proceeding. (S.P.Singh,J)