Ravi Nath Verma,J. - (1.) The petitioners by filing this revision application has questioned the legality of the order dated 25.06.2014 passed by the Judicial Magistrate, 1st Class, Koderma in G.R. Case No. 309 of 2012 arising out of Jainagar P.S. Case No. 54 of 2012 whereby and whereunder the petition filed by the petitioners for their discharge under Section 239 of the Code of Criminal Procedure (in short 'the Code'), has been rejected.
(2.) It is necessary to give brief background of the case:- At the instance of the complainant Deepak Singh, a complaint case was filed, which was subsequently referred by the Chief Judicial Magistrate, Koderma to the concerned police station under Section 156(3) of the Code for institution of a case with allegations that the land of Khata no. 12, plot no. 112, area 4.42 acres of Mouza- Mayadih, Koderma was recorded in the name of Pemal Pandey as receiver of Bakast Lagan in the survey Khatiyan but as the land in question was relinquished by the ancestors of the petitioners, the said land was subsequently settled in the name of Durga Singh and during his lifetime, the Jamabandi was created in respect of the aforesaid land in the name of Adhin Singh. Accordingly, rent receipt was also issued by the State and the Register-II was also opened in the name of Adhin Singh, but the accused persons in order to grab the land have created forged and fabricated documents and have also removed the original page of Register-II showing the name of Durga Singh and in that place, placed another page in the Register-II showing the name of Nanka Pandey in collusion with the Anchal Karmchari. The accused Sanjay Pandey through R.T.I. had demanded an information from the Circle Officer, Jainagar and the concerned authority gave the information that the relevant page of Register-II is torn and a new page has been placed but there is no signature of any competent authority on the present page which depicts the name of Nanku Pandey. At the instance of the accused Sanjay Pandey, a proceeding under Section 144 of the Code was instituted in the court of S.D.M., Koderma and after getting notice of that case, the complainant came to know of the entire forgery and thereafter filed a petition before the S.D.M., Koderma with a prayer to call for a report from Circle Officer, Jainagar and from the report of the said Officer, he came to know that there is an entry in DOT Pen and also reported that the Old Jamabandi-II, Page-37/01 dated 09.07.1975 and 11.06.1983 by which rent receipt was issued are mentioned in DOT Pen though other words of the said page are not in DOT pen. It is also alleged that the said Sanjay Pandey and other accused persons have committed forgery by entering the name of Nanku Pandey in Khatiyan.
(3.) After investigation, the police submitted the charge sheet under Sections 467, 468, 471, 420 and 120-B of I.P.C. against the petitioners whereafter the learned Judicial Magistrate took cognisance of the offence. At the stage of framing charge, the petitioners filed the petition for their discharge as indicated above and the court below after providing opportunity to both the parties, rejected their prayer holding that from perusal of case diary at para-9, 10, 11, 12 and 17 and also the report of the C.O. at paragraph-26 of the case diary, it appears that there is sufficient material available on record against the accused persons for further proceedings and framing charge.;