NARENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two petitions are being heard together and disposed of by the common order as both arise out of the same complaint. The petitioner Nos. 1 and 2 of Cr. Misc. No. 31140 of 2012 are accused Nos. 1 and 2 of the Complaint Case No. 1512(C) of 2007 and petitioner of Cr. Misc. No. 36230 of 2012 is accused No. 3 of the said complaint.

(2.) These petitions are for quashing the order dated 28.7.2011 passed by Sri Ravi Ranjan, learned Judicial Magistrate, 1st Class, Patna Sadar, Patna in Complaint Case No. 1512(C) of 2007, Trial No. 1922 of 2011 by which cognizance has been taken against the petitioners under Section 420 as well as Sections 406/34 of the Indian Penal Code.

(3.) The prosecution case as alleged in the complaint petition is that accused No. 1 is the present Secretary and accused No. 2 is the President and Ex-Secretary of the Alok Sahkari Grin Nirman Samiti, Ltd., Patna Office (hereinafter referred to as the "Samiti"). It is alleged that one Baban Kumar the original member of the said Samiti bearing membership No. 447 was allotted a land by Samiti on payment of Rs. 55,000/- in installments. The said Baban Kumar transferred the land allotted to him to the complainant in the year 1992 and thereafter the complainant deposited Rs. 111/- on 4.3.1993 as member fee of the Samiti and Samiti recognized the transfer of plot to the complainant. It is further alleged that the said Samiti realized Rs. 9,000/- as excess amount in the name of the enhancement of the rate of plot against the allotted land measuring 1952 sq. ft. The said enhanced money was deposited on 4.3.1994 in the Bank Account of the Samiti bearing Account No. 1410/08 U. Co. Bank Extension Counter, Tourist Bhavan, R Block, Patna, it is further stated that in the general meeting held on 18.9.1995 the Samiti allotted a land measuring 1952 sq. ft. and the allotment letter issued to the complainant for allotment with respect to plot No. C/57 of the society but neither the actual delivery of possession was given nor the land was registered in her name. It is further alleged that the complainant deposited Rs. 8,000/- in the account of Samiti on 29.12.2006 and Rs. 4,000/- on 2.3.2007 as development cost of the allotted plot in account No. 1410/08 of the Samiti on 29.12.2006 as asked by Samiti. It is further alleged that the complainant had filed representation to the President of the Samiti on 16.6.2006 and also gave a copy to the D.C.O. and the Secretary of the Society for redressal of grievances on 16.6.2006, thereafter complaint was made to the Assistant Registrar, Co-operative Societies, Bihar, Patna on 29.8.2006. The Assistant Registrar, Co-operative Societies, Bihar also communicated and directed the Secretary of the Society for registration of the land in favour of the complainant but in vain. The complainant also made complaint to the Comptroller and Auditor General of India on 3.10.2006.