ARUN KUAMR Vs. STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of entire proceeding in Complaint Case No. 1060(C) of 2000, which was pending in the court of Sri Dinesh Kumar Singh, learned Judicial Magistrate, 1st Class, Patna.

(2.) Short fact of the case is that Opp.Party no.2 filed a complaint, which was registered as Complaint Case No. 1060(C) of 2000 arraying the petitioner as accused no.2 in the complaint case. In a nutshell, allegation was made that accused no.1, who is not before this Court, had entered with an agreement to sell his land to the complainant on a total consideration amount of Rs.1, 50,000/-. Before execution of the final sale deed, the complainant made total payment of Rs.1, 26,000/-. Despite persuasion made by the complainant, accused no.1, namely, Yogendra Mahto did not take any step to execute absolute sale deed either in favour of the wife of complainant or in favour of the complainant. In complaint petition, it was alleged that subsequently complainant came to know that accused no.1, namely, Yogendra Mahto in conspiracy with this petitioner and one another accused had filed a false case, which was registered as Complaint Case No.85 of 1997 for the offences under Sections 420,406, 323,379,384, 426 and 500 of the Indian Penal Code. It was disclosed in the complaint petition that the complainant along with other accused persons were put on trial in Complaint Case No.85 of 1997 and finally, they were acquitted by the court of the Magistrate. On the aforesaid ground, complaint petition was filed.

(3.) Heard Sri Ramesh Kumar Sinha, learned counsel appearing on behalf of the petitioner and Sri Surendra Prasad Singh, learned Addl. Public Prosecutor appearing on behalf of the State. In this case, despite the fact that Opp.Party no.2 had entered his appearance through his counsel, at the time of hearing none has come forward to oppose the prayer of the petitioner.