Md.Ibrahim & Ors vs State Of Bihar & Anr

2. Second respondent herein filed a complaint against appellants 1 to 3 (accused 1 to 3) and two others before the Chief Judicial Magistrate, Madhubani, alleging that he was the owner of Katha No. 715 Khasra No.1971 and 1973 admeasuring 1 bigha, 5 Katha and 18 Dhurs; that the first accused who had no connection with the said land and who had no title thereto, had executed two registered sale deeds dated 2.6.2003 in favour of the second accused in respect of a portion of the said land measuring - 8 Khatas and 13 Dhurs; and that the third, fourth and fifth accused being respectively the witness, scribe and stamp vendor in regard to the sale deeds had conspired with accused 1 and 2 to forge the said 2 documents; and that when he confronted accused 1 and 2 about the said forgery, they abused him and hit him with fists and told him that he can do what he wanted, but they will get possession of the land on the basis of the said documents.

3. The learned Magistrate by order dated 19.7.2003 took cognizance of the offences under sections 323, 341, 420, 467, 471 and 504 of Indian Penal Code (for short, `the Code') and referred the complaint for investigation under section 156(3) of the Code of Criminal Procedure (for short, `Cr.P.C.'). On the basis thereof a First Information Report was registered on 10.10.2003 with Pandaul Police Station. After investigation, a charge sheet came to be filed on 4.9.2004. The accused applied for discharge. According to the first accused, the complainant and first accused were cousins; that Badri Mian (paternal grandfather of the complainant) and Mithu Mian (maternal grandfather of first accused) were brothers and that they were the owners of plot nos.1973 and 1971; that the said plots was inherited by Badri Mian's son (father of complainant) and by Muthu Mian's children, one of whom was Girja, mother of the first accused; that as per a family arrangement, a portion of the said plots came to the share of Girja and that portion was in the possession of her husband who got it mutated in his name and was paying land revenue; and that after his death, the said land came into the possession of her son - the first accused; that his name was entered in place of his father, and he was paying land 3 revenue in regard to the said portion of land; and that he bonafide sold a portion of the land measuring 8 Khatas and 13 Dhurs to the second accused; that the sale deeds were valid, and that the complainant filed a false complaint only to harass him. The other accused denied any collusion or complicity in any offence. It was also contended that the allegations by the complainant even if accepted to be true, would only give rise to a civil dispute and did not constitute any offence punishable under the Code or any other law.

5. The learned Sub-Divisional Magistrate, Madhubani, by order dated 14.12.2005 rejected the application for discharge holding that there was sufficient material for framing charges. The accused thereafter filed an application under section 482 Cr.PC before the Patna High Court for quashing the order dated 14.12.2005. In the meanwhile charges were framed against the accused. The High Court dismissed the petition observing that the learned Magistrate had found sufficient material 4 showing the complicity of the accused in the crime. The said order is under challenge in this appeal by special leave.

Conclusion

19. For the reasons stated above, the appeal is allowed in part. The order of the High Court is set aside. The order dated 14.12.2005 of the learned Sub-Divisional Magistrate is quashed insofar as offences under sections 420, 467, 471 and 504 IPC. Consequently, the charges framed 15 under those sections are also quashed. The order dated 14.12.2005 and the charges in so far as the offence under sections 323 and 341 IPC are left undisturbed. The appeal is allowed in part accordingly.

................................J [R. V. Raveendran] ................................J [R. M. Lodha] New Delhi;

September 4, 2009