PARASURAM KOERY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE four accused of Protest Petition -cum - Complaint Petition No. 883 of 2006 arising out of Ramgarh P.S. Case No. 103 of 2003, have prayed for the quashing of the entire criminal proceedings including the order dated 18.11.2006, passed therein by Sri R.K. Tripathi, Judicial Magistrate, First Class, Bhabhua, whereby he has taken cognizance under Sections 406 and 420 I.P.C.

(2.) IT appears that one Jawahir Koeri of village Ramgarh filed Complaint Case No. 639(C) of 2003 on 22.7.2003 against the petitioners inter alia alleging therein that Shop No. B -25/10 at Goresera in the premises of Ramgarh Block was allotted to the complainant in the year 1994 where he started a business of readymade garments by investing about Rs. 60,000 -70,000/ -. However, after sometime the complainant, being a patient of tuberculosis, became unable to run the aforesaid shop in question whereupon the accused Manoj Koeri, a relative of the complainant, alongwith the other accused came to the shop of the complainant and assured him that he would take over the shop and run it and half share of the profit would be given to the complainant. Assured thereby the complainant handed over the shop in question to the accused and initially accused Manoj Koeri used to pay some amounts occasionally. However, since the past one year he stopped paying money whereupon the complainant approached the other accused persons who gave out that the shop was being developed by virtue whereof it would earn more money and he would benefit thereby. It is further alleged that from time to time the accused persons used to obtain his signature on some documents. It is also alleged that when the accused persons completely stopped making payment then the complainant on 21.7.2003 alongwith other witnesses reached at the shop where he was given to understand by the accused persons that they had prepared documents under his signature whereby he had lost ownership of the shop which stood transferred to them.

(3.) THE aforesaid complaint petition as it appears was transmitted to the concerned Police Station under Section 156(3) Cr.P. C. on the basis whereof Ramgarh P.S. Case No. 103 of 2003 was registered under Sections 406, 420, 467, 428, 448, 323 and 120B I.P.C. It further appears that the police after due investigation found the case to be civil in nature and submitted Final Form No. 53 of 2006 against the accused person . It also appears that the complainant had also filed a protest petition with respect to the aforesaid Ramgarh P.S. on 23.8.2003 which after submissions of the Final Form was treated as Complaint Case No. 883 of 2006 and transferred under Section 192 Cr.P.C. to the Court of Sri R.K. Tripathi, Judicial Magistrate, First Class, Bhabhua. The learned Magistrate after holding an inquiry under Section 202 Cr.P.C. took cognizance of the offences under Sections 406 and 420 I.P.C. against the accused persons.