REJ KEVAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in their application under Section 482, CrPC prayed for quashing of prosecution of petitionerNos. 1 and 2 for offences under Section 188 and 447, IPC pending before the sub-divisional Judicial Magistrate, Patna City.

(2.) The facts relevant for disposal of this application may only be stated. Petitioner Nos. 1 and 2 are the Chairman and the Secretary respectively of Alka Sahnkari Grih Nirman Samiti Ltd., Patna, (hereinafter referred to as the 'Society') which is g body corporate and can institute and defend suit and other legal prccceedings. The Society has joined the application as petitioner No. 3. The Sub-divisional Magistrate O.P. No. 2 drew a proceeding under Section 144 Cr, P. C. on 24-12-1992 between Rita Singh O. P. No. 5 who was the first party and petitioner No. 1 and others who were the second party. A notice (Anxexure 1) was issued which purported to the land bearing 2 kathas in area ard appertaining to society plot No. 233. The contents of the notice have been described as absolutely vague general and hypothetical. The petitioners' cafe is that the society had by a resolution dated 19-6-1992 bifurcated the plot into plot Nos. 233-A and 233-B both measuring 1 katha each plot No. 233-B was allotted to O. P. No. 5 and plot No. 233-A to one Sudhir Kumar Sharma by the same resolution and the decision was communicated to both of them. The society further decided that the previous allotment of the plot automatically stood cancelled. O.P, No. 5 was communicated cancelled. O. P. No. 5 was communicated the decision of the society by a letter dated 21-6-1992 copy of which is Annexure 2. It is further claimed that Sri Sudhir Kumar Sharma had already constructed his house in the plot allotted to him before initiation of the proceedings under Section 144, CrPC in December 1992. The entire proceedings under Section 144, CrPC has been described as a futile attempt oa the part of O. P. No. 5 to harass the petitioner.

(3.) By his order dated 30-9-1993 O.P.No. 2 directed filing of a com plaint against the petitioners under Section 188, IPC. A copy of the said order is Annexure 3. In his order O.P. No. 2 referred to an enquiry repart dated 25-9-1993 without disclosing it contents. In pursuance of the aforesaid order O.P. No. 2 filed the complaint in the court of Addl Chief Judicial Magistrate, Patna City against petitioner Nos. 1 and 2 and one Gopendra Prasad, the Secretary of the society, petitioner No. 3 for their prosecution for offences under Section 188 and 477, IPC. A copy of the complaint petition is Annexure 5, The learned Addl. Chief Judicial Magistrate by his order, dated 25-11-1993 (Annexure 6) took cognizance uader Sections 188/447 IPC.