IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.536 of 2009 RAO KUNDAN KUMAR KARMVIR, S/O LATE DUKHARAN MANDAL --- PETITIONER Versus 1. STATE OF BIHAR 2. ALAKH NARAYAN GUPTA S/O LATE MOHAN LAL SAH --- OPP. PARTIES. For the petitioner : Mr. S. Ashafaque Ahmad, Advocate. For the State : Mr. Ram Chandra Singh, APP ----------- 02 08.11.2010 Heard learned counsel for the petitioner and the State. Petitioner is facing criminal proceeding by reason of a complaint lodged against him by the opposite party no.2. He is aggrieved by order dated 02.02.2009 passed in Cr. Appeal no. 300 of 2008 (Rao Kundan Kumar Karmvir vs. The State of Bihar and Anr.) whereby order impugned dated 09.06.2008 passed by learned Judicial Magistrate, Patna on his application seeking initiation of enquiry in terms of Section 340(1) of the Code of Criminal Procedure has not been interfered with. Contention of the petitioner is that complainant (opposite party no2) dishonestly and purposely filed a truncated copy of the sale deed dated 15.02.2000 in order to play fraud with the Court. Learned lower appellate Court in paragraph nos. 4 and 5 observed as under:- “4. On the other hand, the learned A.P.P. duly supported by the learned counsel for the respondent no. 2 opposed the move and submitted that the case is at the initial stage of charge framing and trial has not started as yet. The legality of the documents and its admission in evidence may very well be considered in course of trial and the 2 learned court below may take just and proper step at the proper stage of trial against the wrong doer if the document is found illegal and inadmissible. The appellant may also very well re-agitate the matter at the proper stage of trial. Hence, there is no illegality or infirmity in the impugned order which requires interference of this court. 5. Having considered the submissions advanced on behalf of the parties, the materials on record and the legal position, I find that the case is at the stage of charge framing. The legality and admissibility of the document may very well be considered by the court at the proper stage. The appellant will have proper opportunity to re agitate this point at the proper stage of trial. Hence, I do not find any illegality in the impugned order. Accordingly, this Cr. Appeal is hereby dismissed.” In my view, learned lower appellate Court has taken a right view in the facts and circumstances of the case. Petitioner shall have adequate opportunity to raise/agitate this matter at the appropriate stage of the trial. If such an issue is raised, learned trial Court shall consider and dispose of the same in accordance with law. The application is disposed of with the aforesaid directions/observations. Sym ( Kishore K. Mandal, J.)