VISHWA NATH Vs. MUNSIF LOWER CRIMINAL COURT BAHRAICH

JUDGEMENT

(1.) The petition, under Section 482 Cr. P.C. has arisen from a complaint.

(2.) Petitioners Vishwa Nath Jiloka, Amar Nath Jiloka and Sharnbhoo Nath Jiloka are real brothers and are residents of Patna. Opposite party No. 2 Prem Marain Pandey is a resident of Bahraich. Opposite Party No. 2 Prem Narain Pandey filed a criminal complaint against the petitioners for offences under Section 420/406 I.P.C. with the allegations that on 14th June, 1986 he met the petitioners at Nanpara Railway Station and during talks petitioners introduced themselves to him. They represented themselves to be respectable Brahmins and told the purpose of their visit as search of a groom for their daughter. Opposite party No. 2 believed the representation of the petitioners and told them about Narendra Kumar, unmarried brother of his brother-in-law gainer (sic). They talked about mutually seeing the girl and the boy on 15th June, 1986. On that day, opposite party No. 2 along with his family members and the proposed boy reached Dalmia Dharamshala where petitioners along with the girl were present. After approval of the boy and the girl by the respective parties, the boy made gift of a ring in token of engagement to the girl. From the side of opposite party No. 2 cash of Rs. 500/- was given to the girl and sum of Rs. 50/- was spent in sweets, fruits etc. It was settled that Tilak Ceremony shall be held on 28th June. 1986. But on the date so fixed petitioners or their relations did not turn up, nor sent any information. This gave rise to suspicion. On 18th July, 1986 opposite party No. 2 sent his brother Yogesh Pandey to Patna for ascertaining the truth. Then he came to know that the petitioners are Agarwal as and have no daughter of marriageable age. They refused to talk with complainant's brother and insulted him. Thus, they cheated the opposite party No. 2 and his relations of Rs. 2500/-.

(3.) Learned Magistrate recorded statement of Prem Narain Pandey under Section 200 Cr. P.C. and Statement of Narendra Kumar under Section 420 I.P.C. Learned Magistrate found prima facie case under Section 420 I.P.C. against the petitioners and directed issue of summons to petitioners for their appearance on 24th October, 1986. On 10th August, 1987 petitioner No. 1 Vishwa Nath Jiloka was served with a non-bailable warrant at his shop and was arrested. He managed his bail from Chief Judicial Magistrate, Patna. Then he appeared before the Magistrate concerned at Bahraich and secured bail.