CHANDRA BHUSHANALIAS APPU Vs. PREM SAGAR PRASAD

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel for the Complainant- Opposite Party No. 1.

(2.) Both the petitioners are relations. Petitioner No. 1 is son of Shri Shashi Bhushan, owner of Lalji Market, a locality in the town of Patna and petitioner No. 2 is son-in-law of said Shri Shashi Bhushan. Both of them have prayed for quashing of order dated 4- 7-1998 whereby learned Judicial Magistrate, Patna City has taken cognizance in a complaint case bearing C.A. No. 130/98 leading to Trial No. 1006/98 for an offence Under Section 379 of the Indian Penal Code.

(3.) Undisputed materials available on record show that the petitioners are relations of owner of Lalji Market who has taken steps through an eviction suit for eviction of the complainant/ O.P. No. 1 from a shop in his market. During the pendency of the eviction suit Opposite Party No. 1 initially filed a police case for the occurrence in question. That case bearing Agamkuan PS case No. 23 6/97 was instituted for an offence Under of the Indian Penal Code on the allegation that petitioners by show of arms snatched away a scooter belonging to Opposite Party No. 1 along with cash amount of Rs. 52,000/- kept in the said scooter. After investigation police found the case to be false and submitted final form recommending action against the Opposite Party No. 1 under Section 182/211 of the Indian Penal Code for lodging false case. Thereafter Opposite Party No. 1 filed protest- cum- complaint petition and on the basis of his statement on Solemn Affirmation and that of three witnesses impugned order of cognizance was passed by the learned Magistrate.