- (1.) This application filed under Section 482 of the Code of Criminal Procedure is directed against that part of the order dated 5.9.2012 passed by the Judicial Magistrate, Deoghar in Deoghar P.S. case no.298 of 1998 (G.R.No.920 of 1998) whereby and whereunder learned Magistrate on a petition filed on behalf of the prosecution directed the petitioners to produce original agreement dated 17.9.1996 along with Sulahnama.
(2.) Before adverting to the submissions advanced on behalf of the parties, the case of the prosecution needs to be taken notice of. It is the case of the prosecution that the informant had constructed a kachha house consisting of two rooms over the land bearing plot no.16 situated at Bela Bagan, Deoghar. He does have also a tea shop near the civil court. The said shop is being run by him as well as his son and they remain busy there for the whole day. The other day when they after closing the shop came home, they saw accused persons inside the house from where their personal belongings had been removed. When they asked from them as to why they have entered into the house, the accused persons abused them and told them to go away as they have already sold the house. They claimed the house to be their own on the basis of forged agreement over which his signature had been forged. On such allegation, a case was registered as Deoghar P.S case no. 298 of 1998 under Sections 448, 420, 467, 468, 471, 380/34 of the Indian Penal Code. On submission of the charge sheet, cognizance ofthe offence was taken and the accused persons were put on trial.
(3.) In course of trial, a petition was filed on 6.2.2012 on behalf of the prosecution praying therein to direct the accused to produce original agreement dated 17.9.1996 along with Sulahnama and at the same time, prayer was made to call for the record of Misc. Case No.126-A from the court of Sub-divisional Magistrate, Deoghar. That prayer was objected on behalf of the accused persons. However, the court, vide its order dated 5.9.2012 allowed the prayer of the prosecution.;