SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two 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 6.12.2000 passed by Sri S.P. Mishra, Judicial Magistrate, Bhagalpur in Complaint Case No. 199 of 2000. By the said order, the learned Magistrate has taken cognizance of offences under Sections 420 and 504 of the Indian Penal Code and summoned the accused persons including both the Petitioners.

(2.) Short fact of the case is that Opp. Party No. 2 filed a complaint in the Court of learned Chief Judicial Magistrate, Bhagalpur, which was numbered as, Complaint Case No. 199 of 2000. It was alleged in the complaint petition that accused No. 2, namely, Nilesh Kumar @ Kumar (not before this Court) claiming to be agent of Pearless General Finance and investment Company Ltd. (hereinafter referred to as "the Pearless Company") had persuaded the complainant to make some deposit under the Scheme of the Pearless Company. Accordingly, on 25.2.1993, the complainant agreed to open an account, for which a certificate to that extent vide Certificate No. 0927876/317 was granted. From time to time, the complainant deposited total amount of Rs. 5,000/-. It was alleged that accused Nilesh Kumar kept the Pass-Book with him. The accused Nilesh Kumar further persuaded the complainant to make further deposit and, as such, the complainant deposited Rs. 50,000/- and accordingly total amount of Rs. 64,750/- was deposited by the complainant. It was alleged, the entire amount was cheated by accused Nilesh Kumar in connivance with the Officers of the Peerless. In the complaint petition, the complainant had named accused No. 2 as Nilesh Kumar @ Kumar. However, in the column of accused Nos. 1, 3 and 4 only designations were mentioned by the complainant. After filing of the complaint petition, the complainant produced certain witnesses in support of his case and thereafter the learned Magistrate by the impugned order has taken cognizance of offences and directed for summoning the accused persons.

(3.) Aggrieved with the order of cognizancedated 6.12.2000, two Petitioners, who were Assistant Administrative Officer and A.A.O. Uncharge respectively, approached this Court by filing the present petition. On 122.12.2001, while issuing notice to Opp. Party No. 2, this Court directed that till the next date of hearing, further proceedings in Complaint Case No. 199 of 2000 pending in the Court of Shri S.P. Mishra, Judicial Magistrate shall remain stayed. On 4.10.2002, the petition was admitted for hearing, lower court record was called for and it was directed that the order of stay passed on 12.12.2001 shall continue. The order of stay is still continuing.