IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4089 of 2007 LAKHI NARAIN GUPTA S/o Late Kapildeo Gupta R/o Mohalla Bhagwan Bazar, Thana Road, PS Bhagwan Bazar, Distt. Saran at Chapra ----petitioner Versus 1. STATE OF BIHAR 2. Tileshwari Devi S/o Late Kapildeo Gupta R/o 9 Munsi Bazar Road, PS Itali, Kolkata 700015 (West Bengal) ----Opp. Parties ----------- 6 05-02-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. On behalf of the petitioner the impugned order of cognizance in complaint case no. 99/2005 passed by learned Judicial Magistrate, 1st Class, Saran at Chapra has been challenged mainly on the ground that earlier to filing of the present complaint case by petitioner’s mother, the petitioner has filed a Civil Suit bearing no. 512/2000 before the Sub Judge, Chapra in which the issue of genuineness of a subsequent deed by the complainant is under question. According to learned counsel for the petitioner the present criminal proceeding is malicious only to harass the petitioner and his wife and other relations. At this stage, it will not be proper for this court to consider the defence of the petitioner that the 2 complaint petition is maliciously false and in fact deed of gift in favour of petitioner’s wife of the year 1991 is genuine and another gift deed of the year 2000 in favour of wife of his younger brother is forged. This issue may be raised by the petitioner and other accused persons at the appropriate stage. In the facts of the case, no error is found in the order of cognizance. This application is, accordingly, dismissed. BKS/- (Shiva Kirti Singh, J.)