GAUTAM KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present application, challenge has been made by the petitioner to the order dated 17.05.2014 passed by Shri Anwar Shamim, Judicial Magistrate, Bhagalpur in Complaint Case No. 960 of 2013 by which the learned trial court has taken cognizance against the petitioner and others for the offences punishable under Sections 420, 467, 468 and 120B of the Indian Penal Code.

(2.) The Opposite Party No.2 herein, namely, Manoj Kumar Mishra, has filed a Complaint case No. 960 of 2013 on 14.05.2013 before the learned Chief Judicial Magistrate, Bhagalpur, against the petitioner herein and one another person. It has been alleged in the complaint that the complainant is worshiper of 108 Thakur Radha Krishna Ji Maharaj and also a family member of founder, namely, late Hari Mohan Mishra, who had established the idol in the ancestral house of the complainant at village Laluchak in the year 1938 and the said founder had dedicated considerable moveable property and jewelleries and endowed considerable immovable properties for the expenses and upkeep of the said temple. However, both the accused persons under criminal conspiracy made a registered deed of sale bearing No. 4611 dated 29.03.2012 with a view to defraud the members of family as well as worshipers and deity. It has been stated in the complaint petition that the land of village Lodipur, thana no. 124 bearing khata no.156, khesra no. 307, admeasuring 3 acre 4 decimals is in the name of Shree Shree 108 Radha Krishna Jee Maharaj, Sebait of said trust. It has been stated that the said Shree Shree 108 Radha Krishna Jee Maharaj belongs to the deity of the family of late Hari Mohan Mishra, whereafter his son Radha Krishna Mishra was appointed as the sebait and the complainant is relative as well as entitled to worship the deity. It has been stated in the complaint that none of the family members of late Hari Mohan Mishra have the right to sell the aforesaid land, hence, the transfer made by both the accused persons is illegal and has been done with a view to misappropriate money.

(3.) The learned Judicial Magistrate, Ist Class, Bhagalpur by an order dated 17.05.2014 has taken cognizance of the offence punishable under Sections 420, 467, 468 and 120B of the Indian Penal Code against the petitioner as well as other accused persons.