LAXMINARAIN TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Eight 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 10.3.1999 passed by 1st Additional Sessions Judge, Siwan in Cr. Revision No.210 of 1998. By the said order the learned Sessions Judge has rejected the revision petition which was filed against the order dated 16.7.1998 whereby the learned Magistrate had found sufficient materials for framing of charge.

(2.) The short facts of the case are that opposite party no.2 filed a compliant petition alleging therein that the lands which were gifted to him were fraudulently sold by the accused persons in connivance with each other. After filing of the complaint, the complainant was examined and the learned Magistrate took cognizance of the offence. Subsequently, before charge two witnesses were examined by the complaiant, who supported the case of the prosecution. At the stage of charge the learned Magistrate by order dated 16.7.1998 found prima facie case to proceed against the accused persons and a date was fixed for framing of charge. The complaint case was instituted for the offences under sections 463, 465, 467, 471 and 420 of the Indian Penal Code

(3.) Mr. Rakesh Kumar Tiwary, learned counsel appearing on behalf of the petitioners while challenging the revisional order submits that it was out and out a case of civil nature. He submits that the complainant had approached for settlement of the dispute through Punches but when Panchayti failed the present complaint petition was filed. The allegation being civil in nature, learned counsel for the petitioners has prayed for quashing of the order of revision as well as for quashing of entire proceeding in Compliant Case No.994 of 1995.