HIRALAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 561-A of the Code of Criminal Procedure, 1898 (hereinafter referred to as the 'Code of 1898') for quashing an order, dated the 23rd July, 1973, passed by the learned Sub-divisional Magistrate, Banka, holding that there was sufficient ground for proceeding against the petitioners under Sections 466, 109 and 120-B of the Indian Penal Code.

(2.) It appears that, on the 21st May, 1973 a petition of complaint was filed by the complainant -opposite party No. 2 before the learned Sub-Divisional Magistrate against these petitioners, along with two others, alleging, inter alia, that the complainant has got a shop dealing in electrical goods, including fans etc. In the said shop, petitioner No. 7 Ramchander Keshri was appointed as an employee and used to take care of the same. On the 1st May, 1973, when the complainant went to his shop, he found Rupees 5,162.00 missing. The key of the said shop was with petitioner No. 7. The complainant lodged a first information report on the 2nd May, 1973, which was numbered as Rajauna P.S. Case No. 1 (5) 73, It was further stated that, on the 8th May, 1973, the said Ramchander Keshri surrendered in the Court of the Sub-Divisional Magistrate and made a prayer for bail. In course of arguments on behalf of the said accused it was asserted that he was a partner of the said shop; but in support of the said contention, no document was produced. On the 9th May, 1973, however, the said accused Ramchander Keshri, in collusion and conspiracy with the other accused persons got forged and concocted a case before Moramma-Bangaon Gram Cutcherry by bringing into existence a false and forged petition of complaint and statement on solemn affirmation alleged to have been filed and made on behalf of accused Ramchander Keshri. According to the complaint, the said Ramchander Keshri had neither signed the petition of complaint nor was he examined on solemn affirmation. It is said that the signature below the statement on solemn affirmation is not that of Ramchander Keshri, although it purported to be his. The Gram Cutcherry case bore number 2 of 1973. According to the complainant , all these records had been forged and manipulated to prepare a defence that accused Ramchander Keshri was a partner of his shop.

(3.) The learned Sub-divisional Magistrate, after examining the complainant on solemn affirmation, sent the petition of complaint for inquiry, (JANCH) to the Inspector of Police, Banka. In due course, a report was submitted by the Inspector of Police to the learned Sub-Divisional Magistrate saying that a prima facie case under Sections 466, 109 and 120-B of the Indian Penal Code had been made out. The said inquiry report was placed before the Sub-divisional Magistrate on the 23rd July, 1973, on which date, after a perusal of the report in question, the learned Sub-divisional Magistrate passed the impugned order saying that a case had been made out for proceeding against the accused persons under Sections 466, 109 and 120-B of the Penal Code.