Ram Kumar Singh vs The State Of Bihar & Ors.

Heard learned counsel for the petitioner and learned APP.

The present application has been filed for quashing order dated 13.09.2023 passed by the Court of learned Sessions Judge, Bhojpur, Ara in Cr. Revision No.94 of 2023, whereby cognizance taken by the learned Judicial Magistrate, First Class, Ara vide order dated 18.04.2023 for the offences under Section 465 and 468/34 of the Indian Penal Code has been set aside.

Learned counsel for the petitioner has submitted that the allegations made in the complaint along with statement of the witnesses examined in the inquiry under Section 202 of the Cr.P.C. make out a case against the opposite parties no.2 to 5. It is contended that considering the fact that the complainant/petitioner, in his SA and statement of the inquiry witness, supported the allegations made in the complaint petition, there appears to be no illegality in the order of the learned Magistrate whereby he took cognizance for the offences under Section 465 and 468/34 of the IPC and issued summons thereunder. It has further been submitted that at the stage of cognizance only a prima facie case has to be seen and no inquiry on merits of allegation etc., has to be gone into. The submission thus is that the order passed by the Revisional Court is an erroneous order which has considered the case of the petitioner to be one arising out of a civil dispute within the family of the accused petitioners and as such, it is fit to be quashed/set aside and the cognizance order of the learned Magistrate be restored.

Learned APP for the State has submitted that there does not appear to be any illegality with the order of the Session Judge, who has considered the entire facts of the case and has reached the conclusion that primarily the dispute has taken place within the family between gotiyas with regard to execution of a deed of gift in favour of the younger daughter-in-law of the complainant and the signature of the complainant was also taken on the said instrument. Considering that the complainant has not been put to any loss from execution of the deed of gift, whereupon the accused persons have obtained his signature, it has been opined that there is no reason for the complainant to be aggrieved by any act of the accused persons and since the entire matter revolves around a family dispute within the family of the petitioner, the order of the learned Magistrate was set aside.

Taking into consideration the rival contentions of the parties and having gone through the entire documents on record, this Court finds that the whole issue concerns execution of a deed of gift in favour of the daughter-in-law of one of the accused/O.P. No.2, petitioner, Tarkeshwar Prasad Singh, and it has been stated that on the said deed the opposite parties have also obtained the signature of the complainant, who is the present petitioner. It also appears that two of the other accused persons in the case are actually the sons and grandsons of accused Tarkeshwar Prasad, who had executed the deed of gift. It further appears from the SA of the complainant that in reply to the Court’s question, he has stated that he has suffered no loss from the act of execution of the deed rather it was one Pradeep Kumar Singh and Prabhans Singh who were put to loss.

Upon looking at the entire facts and circumstances, this Court totally concurs with the view of the Revisional Court that the offences as alleged and under which cognizance has been taken against the opposite parties no.2 and 5 is not fit to be sustained as such, the said order dated 18.04.2023 has been rightly set aside by the Revisional Court, considering it matter essentially involving a civil dispute within a family of the accused persons.

In such view of the matter, this Court does not find any illegality in the order dated 13.03.2023 passed by the Court of learned Sessions Judge, Bhojpur, Ara in Cr. Revision No.94 of 2023, arising out of Complaint Case No.1750(C) of 2022 and the same does not warrant any interference.

Accordingly, the present application filed on behalf of the petitioner/complainant stands dismissed.