RAMA PRASAD 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 virtually prayed for quashing of the entire criminal prosecution against them in Complaint Case No.679 of 1996 , pending in the Court of Sri Prem Kumar, Judicial Magistrate, Bhagalpur .

(2.) Short fact of the case is that the complainant, who claims to be the nephew of one Maharaj Mandal, filed a complaint case vide Complaint Case No.679 of 1996 in the court of the learned Chief Judicial Magistrate, Bhagalpur disclosing therein that his uncle Maharaj Mandal was cheated by accused persons, particularly accused nos. 1 to 5 of the complaint petition, who were relatives of the complainant as well as Maharaj Mandal. It was alleged that accused nos.1 to 5 of the complaint petition persuaded Maharaj Mandal to become guarantor for their loan. According to the complainant, five private accused persons had taken loan from the Bank and the uncle of the complainant was requested by the accused nos.1 to 5 to become guarantor. Subsequently, it was noticed by Maharaj Mandal that the loan for purchasing a tractor was sanctioned showing him as one of the borrowers instead of guarantor. Maharaj Mandal thereafter asked the complainant to file a complaint. Accordingly, complaint petition was filed for offences under Sections 420, 464, 465, 467, 471,34 of the Indian Penal Code. In support of the complaint, the complainant was examined and three witnesses supported the complainant's case. However, the learned Magistrate by its order dated 5.9.1997 dismissed the complaint petition on the ground that there were no materials for issuing summons against the accused persons. The complaint was rejected under Section 203 of the Code of Criminal Procedure.

(3.) Aggrieved by the order of rejection of the complaint petition, the complainant filed a revision vide Cr.Revision No.618 of 1997. By order dated 30th May, 1998, the learned 7th Addl.Sessions Judge, Bhagalpur allowed the revision petition and remitted back the matter to the learned Chief Judicial Magistrate with specific direction to make further enquiry in the complaint petition filed by the complainant. After the case was remitted back to the Magistrate's court, the learned Magistrate by its order dated 14.7.1999 took cognizance of the offences under Sections 120B, 420, 465 and 467 of the Indian Penal Code. Aggrieved by the initiation of the prosecution the petitioners approached this Court by filing the present petition. On 17.2.2000 while issuing notice to Opp.Party no.2, this Court had directed that pending notice, further proceeding in Complaint Case No.679 of 1996 pending in the court of Judicial Magistrate, Bhagalpur, shall remain stayed. Subsequently on 22.6.2000 while admitting the case, this Court directed that during the pendency of this present application, the further proceedings will remain stayed and order of stay is still continuing.