IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.291 of 2007 SRI KRISHNA KUMAR SINGH Versus STATE OF BIHAR & ORS ----------- 7. 17.9.2008. This revision has been preferred against the order dated 25.1.2007 passed by Sri Satendra Singh, Judicial Magistrate, Ist Class, Buxar in Complaint Case No.69 © of 2006 thereby the learned Magistrate has taken cognizance against the opposite parties under section 465 of the I.P.C. Heard the learned counsel for the parties. The grievance of the learned counsel for the petitioner, who is complainant, is that the allegations contained in the complaint petitioner as well as report of the expert, prima facie constitute the offence under sections 420, 467 and 468 I.P.C., but the learned lower court has taken cognizance only under section 465 I.P.C. It is further submitted that the alleged sale deed in favour of the opposite parties was never executed by the petitioner. It bears forged signature and LTI of petitioner. The report of the expert (Annexure-3) has also confirmed the above allegation but in spite of that, the learned lower court has taken cognizance only under minor section. The submission of the learned counsel for the opposite party is that cognizance has already been taken of the offence and, therefore, no revision would lie. Applicability of other sections shall be considered only at the stage of framing of the charge. Considered the submission of the learned counsel for the parties. Perused the complaint petition as also the impugned order. - 2 - N.H./ Undoubtedly, the allegation of fraudulent preparation of sale deed alleged to be executed by the petitioner in favour of the opposite party no.2 comes within the purview of cheating and forgery for the purpose of cheating etc. Apparently, the learned Magistrate has committed illegality by taking cognizance only under section 465 I.P.C. The learned Magistrate ought to have taken cognizance under sections 420, 467 and 468 I.P.C. However, since cognizance has already been taken of the offence, now the petitioner has remedy only at the time of framing of the charge. The learned lower court at the time of framing of the charge shall take into account the above observation of this Court and pass order accordingly. With above observation and direction, this application stands disposed of. ( Ghanshyam Prasad )