JANKI SHARAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the six petitioners who have been arrayed as accused in Complaint Case No. 292 of 2002 have prayed for the quashing of the order dated 23.3.2005 passed therein by Sri A.K. Sah, Judicial Magistrate, First Class, Gopalganj as also the order dated 17.1.2006 passed by the learned Presiding Judge, Fast Track Court No. II, Gopalganj, in Criminal Revision No. 105 of 2005.

(2.) IT appears that one Paltan Bhagat, the complainant, impleaded herein as O.P. No. 2, filed the aforesaid complaint on 13.2.2002 before the learned Chief Judicial Magistrate, Gopalganj and the same having been transferred to the court of a Judicial Magistrate, First Class, Gopalganj, under Section 192(1) Cr.P.C. an inquiry under Section 202 Cr.P.C. was held by the transferee court who eventually dismissed the complaint under Section 203 Cr.P.C. vide order dated 19.5.2002/20.5.2002.

(3.) THE submission advanced by the learned Counsel for the petitioners is that the order of the Revisional Court as also the learned Magistrate was illegal, arbitrary and without any material available on record as also that the case was of a civil nature since it arose from a civil dispute between the petitioner No. 1 and opposite party No. 2 in respect of zerpesgi land measuring 4 kathas 10 dhoors appertaining to khata No. 6, khesra No. 330. It has further been submitted that the learned Magistrate had erred in law inasmuch as after the remand of the case vide order passed in Criminal Revision No. 199 of 2002 he did not hold any further inquiry under Section 202 Cr.P.C. as directed and took cognizance against the petitioners on whatever materials was already available on record.