SATYADEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, aggrieved with the order dated 23.11.1996 passed by Judicial Magistrate, 1st Class, Siwan in Complaint Case No.1182 of 1996, has approached this Court while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C). By the said order, learned Magistrate, after examining the complaint petition, statement of complainant, which was recorded on S.A. and evidence of three witnesses, had taken cognizance for the offences under Sections 420, 421 and 120B of the Indian Penal Code and ordered to issue process for securing attendance of the accused persons, which include the petitioner.

(2.) Short facts of the case is that the complainant filed the present complaint before the court of Chief Judicial Magistrate with an allegation that he had sent two money orders from Calcutta to his wife, who was residing at village Jigrawan, Police Station Maharajganj, District Siwan. One money order was sent for Rs.1,000/- and second was for Rs.2,000/-. The money orders were issued in the name of Smt. Sarswati Devi, who is trie wife of complainant. It was alleged by the complainant in the complaint petition that though Rs.1,000/- of first money order was handed over to the wife of the complainant, the amount of second money order amounting to Rs. 2,000/- was mis-appropriated by the petitioner no.1, who was Post Master in the Jigrawan Post Office in connivance with two other official accused persons. It was alleged that conspiring with each other the complainant was cheated by the accused persons. It was also alleged in the complaint petition that in the village in question, several other persons were cheated in similar manner. After examining the complainant on S.A. and three witnesses in support of the complainant case, the learned Magistrate by the impugned order took cognizance for the offences under Sections 420, 421 and 120 of the Indian Penal Code and directed for issuance of processes against accused persons including the petitioner.

(3.) Learned counsel Sri Vikas Ratan Bharti appearing on behalf of the petitioner has challenged the order of cognizance on following grounds :