DHARM GODHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the two petitioners and Additional Public Prosecutor for the State. None appeared on behalf of the complainant-opposite party in spite of earlier appearance and filing and belated and disputed counter affidavit as appears from earlier order dated 18.03.2009.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 17.02.2004 passed by Shri R.K.Chaudhary, Judicial Magistrate, 1st Class, Darbhanga, taking cognizance for the offences under Sections 380 & 452 of the Indian Penal Code in Complaint Case No. 08 of 2002, Trial No. 821 of 2005.

(3.) The relevant facts of this case is that opposite party no. 2 on 3rd January, 2002 preferred the complaint before Chief Judicial Magistrate, Darbhanga alleging therein that in his absence on 30th October, 2001 in the afternoon occurrence took place in banglow no. 6, but where in since after allotment, he was residing with his family working as Senior Manager, Engineering Services, Ashok Paper Mills Limited, Rameshwar Nagar, Darbhanga for last twenty-two years. It is further averted that to attain the family function known as Kojgara of his son Nripendra Kumar Thakur. The complainant had gone to his native village entrusting care of the banglow to one Chandra Nath Jha, who was residing at outer Varandah and on 30.01.2001 at about 3.00 p.m., the two petitioners along with their associates arrived, unlocked the banglow and took away the articles worth Rs. 2,25,000/-. In spite of protest and objection by the care taker, who was threatened to be killed, ultimately informed the complainant, who returned on 04.11.2001, after initial enquiry informed police and higher officials. When they could not respond, the complaint was filed after more than two months of the occurrence.