SURYADEV PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 17.9.2002 passed by the learned Sub -divisional Judicial Magistrate, Sikrahana at Motihari in Complaint Case No. C -86 of 2002. by which he has taken cognizance under Sections 406, 379 and 504 of the Indian Penal Code against the petitioners.

(2.) THE case of the complainant, in short, is that there was an agreement between the parties for executing a sale deed in favour of the complainant and consideration money to the tune of Rs. 29,500/ - was paid to the petitioners. It is further stated that the complainant purchased stamp paper and got the contents of the sale deed written by the deed writer and waited for the petitioners for execution of the sale deed but they did not turn. up. Thereafter, they went on evading execution of the sale deed and ultimately the deed was not registered. Later on it was learnt that the petitioners gave the land in lease to some other persons. The petitioners then returned the consideration money to the complainant but in spite of request did not return the cost of the stamp paper. On the date of occurrence, the complainant went to the house of the petitioners who refused to return the amount and also abused him and one of them fired at him and another snatched away the golden chain.

(3.) IT is well settled that at time of cognizance and issuance of summons, the Magistrate has only to see whether the allegations in the complaint petition disclose any offence and whether there is, prima facie evidence to proceed against the accused persons. At this stage, the Magistrate would not weigh the evidence to ascertain the truth or falsity of the allegations.