DHURENDRA PRASAD JAISWAL Vs. ASHOK KUMAR

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 the order dated 20.10.1997 passed in Case No. 272(C) of 1997/ G.R. No. 1093 of 1997 by the Addl.Chief Judicial Magistrate , Danapur . By the said order, the learned Magistrate after perusing the chargesheet and case diary had taken cognizance of the offences under Sections 420,406 and 120B of the Indian Penal Code.

(2.) Sri Mukesh Kumar, learned Counsel appearing on behalf of the petitioner , while challenging the order of cognizance, submits that the contents of the complaint petition makes it clear that the dispute in between the petitioner and the complainant was of the civil nature and for such allegation, the criminal proceeding may not be allowed to use by the complainant. He further submits that in respect of the dispute of the property in question, title suit was already pending and during the pendency of title suit, the present complaint petition has been filed. Learned Counsel for the petitioner submits that title suit vide Title Suit No. 90 of 1996 was already pending. On these grounds, he has prayed for quashing of the order of cognizance and subsequent proceeding pursuant to the case.

(3.) Smt. Indu Bala Pandey,learned Counsel appearing on behalf of the State has opposed the prayer of the petitioner. She submits that at the initial stage of the proceeding, this Court may not interfere into the matter. She further submits that the complaint petition vide Complaint Case No. 272(C) of 1997 was filed by the complainant and thereafter said complaint was transferred to the police for its investigation under Section 156(3) of the Code of Criminal Procedure . Thereafter a case vide Danapur P.S. Case No. 272 of 1997 was registered and after investigation of the case, the police submitted chargesheet in this case. She submits that since the materials indicating the involvement of the petitioner was collected by the petitioner, chargesheet in this case was submitted. On the basis of said chargesheet and materials available in the case diary, the learned Magistrate has rightly taken cognizance of the offence and accordingly she has prayed for rejection of the present petition.