GAYATRI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 07.01.2015 passed by the learned Additional Chief Judicial Magistrate, Aurangabad, in Jamhor P.S. Case No. 106 of 2013, G.R. No. 1732 of 2013 by which the learned Magistrate after looking into the material available in the case diary after submission of charge sheet has taken cognizance against the petitioner and other accused person for the offence under Sections 406 and 420/34 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioner, learned counsel for the opposite party No. 2 and learned counsel for the State.

(3.) Learned counsel for the petitioner has submitted that there is no chit of paper in proof of payment of Rs. 2,50,000/- to the petitioner by opposite party No. 2. It has further been submitted that even if allegation is taken to be true, from the contents of First Information Report itself, it appears that opposite party No. 2, wanted to get illegal work done by petitioner. As per allegation, he has paid the amount for getting employment of his son-in-law in civil court Sasaram by illegal means. The opposite party No. 2 has alleged that he had paid Rs. 10,000/- in the account of father of this petitioner. There is no allegation that money was ever given to petitioner by opposite party No. 2.