PRAKASH CHAND JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the State.

(2.) The present application has been filed against the order dated 15.12.1999 passed by the Additional Chief Judicial Magistrate, Simdega, in GR case No. 43/97 whereby he rejected the prayer of the petitioners to discharge them from the offences of the case and while discharging the petitioners from the offences under Sections 406 and 467, I.P.C., ordered that there are sufficient materials on record against the petitioners to frame charge under Sections 420/468/34, I.P.C.

(3.) The admitted factual position is that the petitioners who were the tenant occupying the godown premises of the opposite party No. 2 evicted his godoivn and the arrears of the rent amounting to Rs. 20,000/- has also been paid to the complainant-opposite party No. 2 in terms of the order dated 11.8.1997 passed in Cr. Misc. No. 3981 of 1997 (R). On payment of the sum of Rs. 20,000/-, a Bench of this Court by its order dated 20.8.1997 passed order to the effect that after the final form is submitted the petitioners will be at liberty to file a petition for discharge, which shall be considered taking a lenient view having regard to the fact that the amount involved has already been paid to the complainant. The petitioner then filed Cr... Misc. No. 10525 of 1998 (R) for quashing the entire criminal proceeding after the payment of the sum of Rs. 20,000/- but his application was dismissed with the observation that the petitioners may make fresh application before the trail Court for discharge in terms of the order passed by this Court in Cr. Misc. No. 3981 of 1997 (R) and appropriate order shall be passed by the Court keeping in view of the observation made in Cr. Misc. No. 3981 of 1997 (R). Pursuant to the orders passed in the aforementioned cases the petitioners filed a petition for their discharge but the learned Court below passed the impugned order in the manner stated above.