SHEIKH ABDUL WAHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order dated 19.5.1992 in Case No. C101/92 whereby the Judicial Magistrate, 1st Class, Sikarahna at Motihari has issued process against the petitioners for one offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.

(2.) The petitioners at the relevant time were Secretaries of Maulana Azad Urdu High School, Khairwa in the district of East Champaran. Opposite Party No. 2 Nasrul Haque who is resident of Khairwa filed a complaint in the Court of S.D.J.M., Sikrahna at Motihari alleging therein that the petitioners have committed offences punishable under Sections 420, 467 and 468, I.P.C.

(3.) The allegation is the petitioner No. 1 In the capacity of Secretary of the school in question has sold 11 kathas 4 dhurs of the school's land through a registered sale deed dated 13.4.1973 to one Sheikh Daud and got the said land registered in the Sunni Wakf Board. The consideration money of the said land has not been shown in the school cash book. It was further alleged that petitioner No. 1 has exchanged school land 16 kathas 15 dhurs through registered deed of exchange dated 29.1.1974, with Sheikh Abu Lais and Zaki Akhtar who have given 13 kathas 15 dhurs land to the school. It is further alleged that some discrepancy in the area of the plot numbers to the school. Sheikh Abu Lais in exchange has given plot No. 1307 which does not belong to him. There was investigation by the police of the complaint. The police sub-mitted final form after thorough investigation. The complainant filed a protest petition. Thereafter enquiry under Section 202, Cr. P.C., was made in which four witnesses were examined on behalf of the complainant. The Learned Magistrate took cognizance and summoned the petitioners. The validity of the said order is under challenge in this application.