SHASHI BIJPURIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This present application is so preferred by one of the accused-petitioner, namely, Sashi Bijpuria challenging the impugned order dated 04.03.1997 so passed by the learned Chief Judicial Magistrate, Patna, in complaint case No. 206(c)/97 by virtue of which cognizance of the offence is so taken against the present petitioner along with one Yubraj Raja Ji under Sections 406, 420, 467 and 471 of the Indian Penal Code, 1860 detailing that prima facie material was so found against them as to proceed with.

(2.) On behalf of the petitioner, all the points so taken as good grounds in this application so filed under Section 482 of the Code of Criminal Procedure are pressed into service and by going through the complaint petition along with the impugned order so filed for perusal, it transpires that an apartment was so constructed by one Yubraj Raja Ji, one of the accused, in the name and style of Shashi Kutir, who has not preferred any application before this Court under Section 482 of the Code though cognizance of offence is also taken against him. The said apartment was so allotted to the persons for which an agreement was so entered into and quarrel arose between the complainant on one hand and the present petitioner on the other, because of the confusion said to have been so created, particularly, by the builder by committing offence of criminal breach of trust, i.e., cheating, forgery and using forged document as genuine, etc. as detailed in the complaint-petition. It is further pointed out on behalf of the petitioner that if such offences are at all committed that, has been committed by the builder and as far as the present petitioner is concerned who is a lady and she has nothing to do with the same. Hence, as against the present petitioner, the proceeding be quashed.

(3.) By filing a supplementary-affidavit, it has also been submitted that already a title suit being filed by Pradeep Kumar on behalf of his wife Anita bearing title suit No. 286 of 1997 being filed before the Sub-Judge, V, Patna, and, in that background too, the continuance of criminal proceeding be not allowed.