JAGDISH PURBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nine petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 15.2.2002 passed by the Chief Judicial Magistrate, Araria in Complaint Case No.291C of 2001. By the said order, the learned Magistrate has taken cognizance of offence under Sections 467, 468, 420, 484 and 120B of the Indian Penal Code. The petitioners have further prayed for quashing of an order dated 7.6.2003 passed by the learned Sessions Judge, Purnea in Cr. Revision No.119 of 2002. By the said order, the learned Sessions Judge has rejected the revision preferred by petitioners against the order of cognizance.

(2.) Short fact of the case is that initially opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Araria, which was numbered as Complaint Case No.1377C of 2000. The said complaint was filed on 21.7.2000. The said complaint was subsequently referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure and thereafter, an F.I.R. vide Raniganj P.S. Case No.178 of 2000 was registered on 29.7.2000. However, after investigating the case, police found that in relation to the said land, a suit was also pending and as such the police submitted final report. After submission of final report, the opposite party no.2 filed a protest petition, which was treated as complaint case vide Complaint Case No.291(C) of 2001. In the Complaint Case No.291(C) of 2001, after conducting enquiry, the learned Magistrate, by the impugned order, took cognizance of offences as mentioned above. Against the order of cognizance, the petitioners filed revision, which was rejected on 7.6.2003.

(3.) Aggrieved with the order of cognizance as well as order of rejection of revision petition, the petitioners approached this Court by filing the present petition, which was admitted on 18.11.2005.