DHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Section 482 of the Code of Criminal Procedure praying therein to quash the entire proceedings in connection with Complaint Case No. (C/1) No. 406 of 1997 including the order dated 19.9.1997 taking cognizance by the learned Judicial Magistrate, 1st Class, Jamshedpur, for the offences under Sections 406/379/34 of the Indian Penal Code.

(2.) The short facts giving rise to this application are that the Opposite party No. 2, Smt. Sewati Bai filed a complaint case claiming therein that she has got some lands in Mouza Khan recorded in the name of her father and mother. Both father and mother died leaving behind the complainant/O.P. No. 2 and her sister. It is further claimed that tour accused-persons came at Jamshedpur in the house of the complainant and approached her regarding the land and the complainant was agreed to give the lands to the accused persons of theka of Rs. 8,000/- per year and the accused-persons agreed to pay the same to the complainant. Subsequently, the complainant was invited at her native place where the accused-persons took some signature un some papers on the plea that these papers are made for the payment of Rs. 8,000/- per year and on good faith the complainant put her signature and LTI. It is further alleged that the accused-persons were also paying the amount of Rs. 8,000/- per year to the complainant, but later on they stopped payment. It is further alleged that on 23.8.1997 all the accused-persons came to the house of the complainant and asked the complainant for mutual compromise but the husband of the complainant was not in good health and, therefore the complainant requested them to stay on the night. On the following day, at about 7.30 a.m. when the complainant went to call them for tea, she found that nobody was present in the room and also found articles such as table cloth, transistor, etc. were taken away by the accused-persons. Accordingly, the complainant case was filed.

(3.) The enquiry under Section 202, Cr.P.C. was made and thereafter the learned Magistrate took cognizance by the impugned order.