HARI SHANKAR SHRIVASTAVA Vs. UMASHANKAR SEN

JUDGEMENT

(1.) The present petition has been filed by the Petitioner seeking the exercise of plenary powers by this court under Section 482 of Cr.P.C and quash the order dated 24-09-2009 and all proceedings arising therefrom, passed by the Court of learned Judicial Magistrate First Class, Jabalpur in Criminal Complaint Case No. 11998/09 ( Umashankar Sen Vs. Ramji Patel and two others), by which the learned court below was pleased to take cognizance of offences under Sections 420, 467, 468 and 471/34 of IPC against the Petitioner, based upon the complaint filed by the Respondent. The court issued bailable warrant against the Petitioner and two other persons.

(2.) This court vide order dated 08-02-2010 issued notice to the Respondent and also stayed the proceedings in the complaint case pending before the Learned Judicial Magistrate First Class, Jabalpur. By the said complaint, the Respondent seeks to prosecute the Petitioner Harishankar Shrivastava, presently aged about 94 years as so stated by the learned counsel appearing on behalf of the Petitioner, for an alleged offence committed in the year 1966. The complaint case has been filed in the year 2006 i.e, a full 40 years after the commission of the alleged offence.

(3.) The complaint case which give rise to the present quash petition, was filed by the Respondent who is the complainant before the learned court below. The complaint was filed against the Petitioner herein, who is the accused No. 2, Ramji Patel and Ram Prakash Sharma. Ramji Patel and Ram Prakash Sharma, are no more and therefore, the petition has been preferred only by the sole surviving accused in the complaint case, Mr. Harishankar Shrivastava.