PARMANAND Vs. LAL SINGH

JUDGEMENT

(1.) By this petition under Section 482 of the Criminal Procedure Code, the petitioners pray for quashing the order passed by the Judicial Magistrate First Class Shahdol in Criminal Case No. 28 of 1987 by which he directed the complaint to be registered, filed by the non fil ://D :\Program applicant under Sections 120B, 193, 200, 409, 468, 471 and 109 of the Indian Penal Code, against the applicants.

(2.) A complaint was lodged by the non applicant Lal Singh on 3-12-1984 before the Court against 17 accused persons, out of which 15 accused have come before this Court. The Magistrate called for the report of the Police but subsequently recorded the statement of the non-applicant under Section 200 of the Criminal Procedure Code and also recorded the evidence under Section 202 of the Criminal Procedure Code and directed the criminal case to be registered on 6-2-1989. By this order, the case was registered against 17 accused and process was issued against them.

(3.) Short facts which are necessary to be reproduced are that there is one Nehru Housing Society Shahdol whose members are the present petitioners. Two others and the non-applicant. According to the complaint, all the accused entered into a criminal conspiracy and are alleged to have created bogus membership of the Society which is prohibited by the byelaws. The allegations made in the complaint also disclose, according to the opinion of the learned Magistrate, that a prima facie case, as alleged in the complaint, is made out for issuing the process against the accused persons. After this, petition was filed on 18-12-87, this Court directed further proceedings of the Criminal trial to be stayed.