BHAGWAN DAS AGRAWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Bhagwan Das Agrawal has filed this petition under S.482, Cr. P.C. with the prayer that the complaint and consequent proceedings initiated by Rajiv Nandan Misra pending in the Court of Chief Judicial Magistrate Varanasi, be quashed. Since affidavits have been exchanged, this application in being finally disposed of at the admission stage.

(2.) The question involved, however, will be to whether it will be open to this Court in exercise of inherent powers under S.482, Cr. P.C. to weigh the respective pleas, particularly the complainant's, in order to Judge whether "bona fide dispute" concerning the property involved really exists.

(3.) The facts are that a first information report was lodged by Rajiv Nandan Misra on 4-9-1986 at Police Station Chowk, Varanasi. The investigation followed but ended in a final report. It appears that a protest petition was filed on behalf of the informant before the magistrate and it further appears that he directed the informant to proceed with the matter as a complaint case whereupon statement of Rajiv Nandan Misra was recorded under S.200, Cr. P.C. On 20-10-1987 and those of Krishna Kumar Pandey, head constable, Raj Kumar constable, Triloki Nath Tewari, Mahendra Nath Shukla, Hari Prasad and Ganga Saran Misra, eye-witnesses, were recorded. On a perusal of the material existing on the record the Chief Judicial Magistrate, Varanasi, summoned the applicant along with Radha Krishan Chaudhary, Ramji Yadav, Ramesh Chandra Chopra, Gopal Khanna and Shakti under Ss.448, 395, I.P.C.