BABULAL MISHRA Vs. JETHANAND BHAGDEO

JUDGEMENT

(1.) ON petitioner's complaint registered as Criminal Case No. 1032/99, in the Court of JMFC Shahdol, the learned JMFC took cognizance for offence punishable under section 500 IPC, against one Jasandas Vaswani only on 27.9.1999 and refused to take cognizance against respondent Jethanand Bhagdeo, the legal practitioner. The petitioner's challenge to the aforesaid order in Criminal Revision No. 205/99, stood dismissed by first ASJ, Shahdol, on 3.6.2000, thus, the petitioner seeks exercise of inherent powers for a direction that cognizance be taken against the respondent also.

(2.) AS per photocopy of complaint filed by this petitioner, he mortgaged some land situated at village Pali with Jasandas who got the sale deed registered on 10.12.1971 instead of deed of mortgage, who, as per prevalent practice. Alongwith the sale deed one agreement was also executed by parties and as per aforesaid this agreement dated 10.12.1971, the petitioner had a right to reclaim the land on payment of amount of mortgage, within a period of two years. Thereafter, Jasandas filed an application on 9.6.1972, seeking cancellation of agreement dated 10.12.1971, and got the same cancelled whereas the petitioner did not consent for it. The petitioner filed a suit for declaration and injunction in respect of aforesaid land. On 8.1.1989, Jasandas filed his written statement. Since in written statement, false and incorrect imputations were made against petitioner by Jasandas and this respondent, who was his counsel, the petitioner moved an application under Rule 6 Order 16 of the CPC on 27.2.1999, for getting those false imputations deleted, but it was resisted by Jasandas on the ground of relevancy. Because Jasandas filed the aforesaid written statement on being advised and directed by respondent/advocate, the cognizance for offence punishable under 500 IPC was required to be taken against respondent also, which the learned JMFC failed to do so.

(3.) IN result, this petition does not merit, which is, accordingly, disallowed and rejected.