MD YAHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and Sri Sajid Salim Khan for the opposite party.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 27th November, 2004 passed by Sri Vikash Chandra Shukla, Additional District and Sessions Judge, Fast Track Court no.V, Aurangabad in Cr.Rev. no. 10 of 2003 / 20 of 2004 setting aside the order dated 03rd January, 2003 passed by Chief Judicial Magistrate, Aurangabad, in Dhibra P.S. Case no. 14 of 2002 accepting the final form submitted by the Police and proceeding against opposite party no.2 for the offences under Sections 182/211 of the Indian Penal Code.

(3.) Relevant facts of this case is that opposite party no.2 filed Complaint Case no. 1036 of 2001 against the petitioners for the offences under Sections 406, 420, 465, 386, 564 and 120B of the Indian Penal Code stating therein that there was an Organization named as Anjuman Niyamat Pur for the benefits of minorities and initially membership fee was Rs.2/- only and the petitioners are Office bearers of the Executive Committee created in the year 1987 having one more branch at Kolkata and since after 1987 the petitioners started realizing membership fee Rs.25/- and also Rs.50/- from some persons and in the year 1992 in the name of special subscription Rs.2 lacs were also realized and account used to be furnished to Kolkata branch. It is also alleged that at some occasions late fine has also been realized at the rate of twenty per cent and in this way Rs.7 lacs were collected but neither the petitioners discharged their duties towards society or religion nor furnished any account inspite of joint demand made by the villagers. It is further alleged that on one fine morning the petitioners went to the mosque to commit murder of Pesh Imam, Hafiz Masihuddin but due to his absence nothing could be done. Ultimately, the petitioners refused to furnish any account and threatened the complainant to do whatever he can. On receipt of the complaint petition which was sent before Police under Section 156 (3) of the Code of Criminal Procedure on the basis whereof Deo(Dhibra) P.S. Case no. 14 of 2002 under Section 406 of the Indian Penal Code was instituted wherein after investigation Police submitted final form no.8 dated 30.5.2002 finding the case false and simultaneously recommended for action against complainant-informant for the offences under Sections 182/211 of the Indian Penal Code.