RAMJI MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Nobody appears on behalf of the Opposite Party No. 2 to pursue this matter.

(2.) THE petitioner is aggrieved by the order dated 23.06.2006 passed in Complaint Case No. 82 of 2006 by which the Additional Chief Judicial Magistrate, Benipur, Darbhanga has taken cognizance for the offences under Sections 120B, 469, 471, 500 and 505 of the Indian Penal Code.

(3.) SECTION 469 of the Indian Penal Code envisages that there should be forgery in a document with the purpose of harming the reputation of any party. The facts of this case do not reveal that any forgery was committed by the petitioner. Similarly, SECTION 471 of the Indian Penal Code is also not made out in the facts stated aforesaid, which reads as "whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record".