LAWS(PAT)-2020-9-1

ANIL KUMAR SHARMA Vs. STATE OF BIHAR

Decided On September 10, 2020
ANIL KUMAR SHARMA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Opposite party No.2-Dr. Kumar Sharat Chandra filed complaint case No.817(C) of 2010 in the court of learned C.J.M., Patna against the petitioner and three others alleging offences under Sections 406,409,420,463,467,468,471 and 120(B) of the Indian Penal Code committed by the named accused from June 2008 till filing of complaint petition, at Patna as well as at Lakhisarai.

(2.) The learned Magistrate before whom the case was transferred under Section 192(2) Cr.P.C. enquired the matter under Section 202 Cr.P.C. and summoned the petitioner to face trial for offences under Sections 420 and 468 I.P.C. only which is under challenge in this application under Section 482 Cr.P.C. By the same order dated 11.05.2011, the learned court below did not find any case against other three accused or for other alleged offences.

(3.) The challenge is on the ground that no case is made out on bare perusal of the complaint petition and the material available on the record for offence under Section 420 or 468 I.P.C. The criminal prosecution has been initiated to wreak vengeance due to dispute arising between the parties for management/mismanagement of the society in question.