DEV CHANDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was at the relevant time Land Acquisition Officer, Banka, has approached this Court with a prayer to quash an order dated 10.6.2003 passed by the learned Judicial Magistrate, 1st Class, Banka in Complaint Case No.450(C ) of 2003 , T.R.No.974 of 2003. By the said order, learned Magistrate has taken cognizance of offences under Sections 420, 465, 466, 468, 470, 471, 323 and 120(B) of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Banka, which was numbered as Complaint Case No.450 (C) of 2003 against the petitioner and others. It was alleged in the complaint petition that the petitioner in the capacity of the Land Acquisition Officer has illegally and incorrectly given compensation to accused nos.1 to 5. It was alleged that the petitioner had conspired with accused nos.1 to 5. It was further alleged by the complainant that the complainant had obtained two certified copies of the order passed by the petitioner in Compensation Case No.1 of 2002. It was alleged that there are some differences in both the ordersheet. Accordingly, it was alleged that the petitioner had fabricated the ordersheet. It has been alleged in the complaint petition that 1/3rd share was given to accused nos.1 to 5. On the aforesaid allegation, the complaint was filed and the learned Magistrate after conducting enquiry has taken cognizance of offences by the impugned order.

(3.) Aggrieved with the order of cognizance, the sole petitioner approached this Court by filing the present petition. On 11.5.2004, while issuing notice to Opp.Party no.2, this Court directed that pending disposal of this application, further proceedings in Complaint Case No.450 (C) of 2003 pending before Judicial Magistrate, 1st Class, Banka, shall remain stayed. Subsequently, on 23.9.2004, the case was was admitted for hearing. Despite the fact that Opp.Party no.2 had appeared through her Advocate, on none of the occasions at the time of hearing of the present petition, she was represented before this Court.