MAHENDRA MANDAL 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 prayed for quashing of an order dated 9.8.2000 passed by learned Sessions Judge, Munger in Criminal Revision No. 109 of 2000 and also consequential order i.e. order dated 23,11.2000 passed by Sri Murlidhar, Judicial Magistrate, 1st Class, Munger in complaint case No. 28 (c) of 1998.

(2.) Short fact of the case is that Opp. Party No. 2 adopted daughter of one Malik Mandal, who was also uncle of petitioner No. 1, filed a complainant in the Court of learned Chief Judicial Magistrate Munger, which was numbered as complainant case No. 92(c) of 1995, against both the petitioners on an allegation that petitioner No. 1 along with petitioner No. 2 pretending himself as husband of complainant had ob- tained transfer certificate in respect of complainant from Achhu Ram Balika Ucha Vidyalaya. It was alleged that only with a view to harass the complainant, accused persons had taken transfer certificate of the complainant from the school of the complainant. The said complaint was subsequently referred to the police on 25.9.1995 under Section 156 (3) of the Code of Criminal Procedure for its registration and investigation and thereafter an FIR vide Jamalpur PS Case No. 68 of 1996 was registered on 7.6.1996 for the offences under Sections 204, 420, 424 and 468 of the Indian Penal Code. However, after thoroughly investigating the case, the police on 30.7.1996 submitted final report showing the case to be untrue. After more than one year from the date of the filing of the final report, the complainant filed a protest-cum-complaint petition on 3.12.1997. The said complaint was numbered as Complaint Case No. 28-C of 1998. In the complaint petition, an enquiry was conducted and after conducting enquiry, the learned Magistrate by its order dated 31.3.2000 dismissed the same under Section 203 of the Code of Criminal Procedure. Against the order of rejection of the complaint petition, the complainant preferred a revision vide Cr. Revision No. 109 of 2000 and the learned Sessions Judge, Munger by its order dated 9.8.2000 allowed the revision petition and directed the learned Court below to make further enquiry. After the order was passed by the revisional Court, by the impugned order, i.e. order dated 23.11.2000, Sri Murlidhar, Judicial Magistrate, 1st Class, Munger, took cognizance of offence under Section 419 of the Indian Penal Code.

(3.) Aggrieved with the order of Revisional Court as well as order of cognizance, both the petitioners approached this Court by riling the present petition, which was admitted on 26.9.2002. At the stage of admission, despite valid service of notice, Opp. Party No. 2 preferred not to appear. While admitting this Court directed that interim order passed on 31.1.2002 shall continue during the pendency of this application. The order of stay is still continuing.