BASUDEO CHOUDHARY SON OF LATE SHYAM CHOUDHARY AND ORS Vs. STATE OF BIHAR AND RAJENDER YADAV SON OF LATE NARAYAN YADAV

JUDGEMENT

(1.) Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal prosecution in Complaint Case No. C-1122 of 1999 pending before the court of Shri A.K. Singh, Judicial Magistrate, 1st Class, Bhagalpur including the order dated 1.2.2000 whereby the learned Magistrate, after taking cognizance of the offence, has directed for issuance of summon against the petitioners.

(2.) Short facts of the case is that the opposite party No. 2 filed Complaint Case No. C-1122 of 1999 alleging therein that on 10.12.1998, the accused persons cheated the complainant and by making fraud, they had taken forty three thousand amount. On the pretext of transferring a land to the complainant though the accused persons have transferred the land of complainant itself to them. In the complaint petition, a distinct and separate allegation was made that on 10.12.1998, the accused persons entered into the house of the complainant and assaulted family members of the complainant and thereafter, they looted several house hold property of the complainant. In complaint petition on behalf of the complainant, certain documents were filed and thereafter, on behalf of complainant, it was prayed that complainant do not want to further produce any witness and matter was heard on cognizance. It is made clear that though complainant was examined on S.A, no witnesses were produced by the complainant save and except certain documents were produced and the learned Magistrate, by its order dated 1.2.2000, has passed the impugned order i.e. order of cognizance for the offence under Sections 420 and 395 of the Indian Penal Code. The complaint petition was filed for offences under Sections 147, 148, 149, 307, 323, 395, 120B, 419, 420, 465, 467, 468, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition, which was admitted on 6.3.2000 and while admitting, this Court directed that pending disposal, further proceeding in Complaint Case No. C-1122 of 1999 pending in the court of Judicial Magistrate, Ist Class, Bhagalpur shall remain stayed and order of stay is still operative.