JAI PRAKASH RAI Vs. STATE OF U P

JUDGEMENT

(1.) V. N. Mehrotra, J. This petition has been filed under Section 482, Cr. P. C for puashing the complaint Case No. 1833 of 1986 pending in the court of special Chief udicial Magistrate, Allahabad.

(2.) THE facts of the case are that opposite party No. 2 filed a complaint before the Magistrate concerned on 29. 9. 86 asserting that the opposite parties, who are the present applicants, had committed offences punishable under Sections 406,412,420,465,467 and 471, I. P. C. THE complaint produced evidence under Section 290 and 202, Cr. P. C. and on the basis of the same the learned Magistrate passed the impugned order on 24. 2. 1987 sum moning the accused persons to stand their trial before him.

(3.) THE opposite parties Nos. 2 and 3 have admitted they had moved an application for repayment of the entire amount and said that they had on 9. 4. 86 actually received that amount. It is, however, contended that the offence under Section 420, I. P. C. had been recommitted by the accused persons and the offences under Sections 465, 467 and 471, I. P. C. THEy had also committed due to the interpolations and alterations made in the sale-deed executed in favour of Smt. Asha Verma.