MAHESH CHANDER SINGH Vs. RAGHUNANDAN PRASAD

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (In short the 'Code') has been filed for quashing the prosecution of the petitioner for the offences under Sections 406 and 504 of the IPC in Complaint Case No. 42-C of 1988 including the order dated 30-3-1988 passed by Shri A K. Verma Judicial Magistrate IInd Class, Nalanda at Biharsharif ordering for issuance of processes against the petitioner on the ground that a prima facie case under the aforesaid sections has been made out against him.

(2.) It appears that opposite party Raghunandan Prasad had filed a complaint petition (Complaint Case No.42-C of 1988) against the present petitioner before the Chief Judicial Magistrate, Nalanda at Biharsharif. In this complaint petition he had made allegations against the petitioner with respect to the offences under Sections 406 and 504 of the Indian Penal Code. According to the opposite party he had handed over a sum of Rs.300.00 to the petitioner on 4-2-1988 towards the land revenue but the petitioner did not grant him any rent receipt. On the other hand, the petitioner asked him to come on the following day for obtaining the receipt. On this the opposite party had asked him to return back the money. The petitioner refused to do so, was infuriated, abused him and forcibly turned him out from the Chosrawan Kutchery. Thereby the opposite party alleged that the petitioner committed criminal breach of trust with respect to Rs.300/ -handed over to him and also the offence under Section 504 of the Indian Penal Code by intentionally insulting him with intent to provoke breach of peace by turning him out from the Kutchery. The learned Chief Judicial Magistrate examined the opposite party on solemn affirmation and by his order dated 5-2-1988 made over the case for inquiry or trial under Section 192 of the Code to the Court of Shri A. K. Verma, Judicial Magistrate, IInd Class. This order is particular as also the entire criminal prosecution against the petitioner are under challenge.

(3.) Before Shri A. K. Verma, Judicial Magistrate, IInd Class two witnesses were examined and finding a prima facie case made out against the petitioner he ordered for the issuance of processes against him by his order dated 30-3-1988. This order of the learned Magistrate has also been challenged as incompetent.