ARUN KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 23.6.1999 passed by the learned Sub Divisional Judicial Magistrate, Hajipur, Vaishali in Complaint Case No.C1 2352 of 1998. By the said order, the learned Magistrate has taken cognizance of offence under Section 420 of the Indian Penal Code. The petitioner has also prayed for quashing the entire proceeding in Complaint Case No.C1 2352 of 199.

(2.) Short fact of the case is that Opp.Party no.2 filed a complaint vide Complaint Case No.C1 2352 of 1998 in the court of the learned Chief Judicial Magistrate, Hajipur alleging therein that one Vijay Kumar Thakur persuaded the complainant to purchase a piece of land appertaining to Khata No.556, Khesra No.6403, C.S. Khata No.289 ,new Khesra Nos.3167 and 3168 , measuring 6 decimals of land. It was alleged that in between the complainant and Vijay Kumar Thakur , an agreement to sale was entered and the complainant paid Rs.52,500/- of the total consideration money to Vijay Kumar Thakur. It has been disclosed that Vijay Kumar Thakur after taking the advance money asked the complainant to take possession of the land in question. Subsequently, the vendor Vijay Kumar Thkuar put his signature on the sale deed. However, from the Registry Office, he left without executing the final sale deed and thereafter the complainant pursued the vendor accused Vijay Kumar Thakur to execute the same. However it was never done. Subsequently, the complainant came to know that the land in question was already transferred to these petitioners. It was alleged that the petitioners in connivance with the vendor had purchased the land in question and thereafter complaint petition was filed. After filing the complaint, the complainant was examined on S.A. and in support of the complaint, three witnesses were examined as enquiry witnesses. Thereafter, the learned Sub Divisional Judicial Magistrate by its impugned order, i.e. order dated 23.6.1999 took cognizance of the offence under Section 420 of the Indian Penal Code and directed for issuance of process for securing the attendance of accused persons.

(3.) Aggrieved with the order of cognizance dated 23.6.1999, petitioners approached this Court by filing the present petition, which was admitted on 3.3.2000. While admitting , this Court had directed for issuance of notice to Opp.Party no.2 and it was further directed that pending disposal of this application, further proceedings in Complaint Case No.C1 2352 /98 pending in the court of Sub Divisional Judicial Magistrate, Hajipur , Vaishali shall remain stayed. The order of stay is still continuing.