SITA RAM Vs. SPECIAL JUDICIAL MAGISTRATE

JUDGEMENT

(1.) This is an application under section 482, Criminal Procedure Code. There is a dispute between the applicants and Deo Nath Singh, opposite party No. 2, in regard to consolidation of Tholdings and the said dispute is pending in this Court, in Civil Misc. Writ No. 3968 of 1980. On 2nd November, 1979 the applicants lodged a First Information Report under Sections 352, 504 and 506, Indian Penal Code. After the writ petition was filed, the opposite party No. 2 obtained an interim stay order from this Court. On 10th October, 1980, the applicants moved an application for vacating the ex-parte stay order. In the said application, it was further stated that criminal proceedings be taken against the opposite party No. 2, as he had annexed in the writ petition a forged resolution of the Gaon Sabha.

(2.) On 6th December, 1980, a First Information Report was lodged by the opposite party No. 2 under section 392, Indian Penal Code. A copy of the said report has been annexed as Annexure II to the affidavit filed in support of this application.

(3.) On 9th January, 1981, the High Court after hearing the parties, vacated the stay order passed in favour of the opposite party No. 2. Thereafter, on 24th January, 1981, the opposite party No. 2 filed a complaint before the Special Judicial Magistrate, Varanasi, under sections 396/397, Indian Penal Code against the applicants. It may be stated here that this complaint, which was filed on 24th January. 1981, was in relation to the same incident which is alleged to have taken place on 6th December, 1980, in respect of which a First Information Report had been filed earlier. On the basis of the said complaint, the Special Judicial Magistrate summoned the applicants. The complaint has been registered as Case No. 37 of 1981, Deo Nath Singh v. Sita Ram and others. The applicants, after they received the summons from the Special Judicial Magistrate, Varanasi, filed the present application for quashing the proceedings in the said case.