RAM KUMAR MISHRA SON OF LATE KALICHARAN MISHRA Vs. STATE OF BIHAR AND KRISHNA BHOWMIK WIFE OF ASHISH BHOWMIK

JUDGEMENT

(1.) THE petitioner who has been arrayed as one of the accused in Complaint Case No. 260 of 2006 has prayed for quashing of the order dated 3.7.2007 passed therein by the learned Sub -Divisional Judicial Magistrate, Bhagalpur, whereby he has taken cognizance against the accused including the petitioner under Sections 504 and 506 (First Part) I.P.C..

(2.) The complainant, Krishna Bhowmick, impleaded as opposite party No. 2 herein, filed the aforesaid complaint inter alia alleging the commission of offences under Sections 420, 467, 468, 471, 323 and 120B I.P.C. at about 8.00 A.M. on 10.2.2006 and prior thereto on 10.2.2006 at the hands of the accused. According to the complainant Snehashish Bhowmick her brother -in -law (Dewar) had taken a loan of Rs.20,000/ - from the Central Bank of India, Bhagalpur on 1.10.1987 in the name of his shop running in the name and style of "Bhowmick General Store" at Chhoti Khanjarpur and her husband Asish Kumar Bhowmick and her other brother -in -law (Dewar) Divashish Kumar Bhowmick had stood as Guarantors for the said loan. It is stated that since the loan could not be returned, the Bank had instituted Money Suit No. 132 of 1993 against Snehashis Bhowmick, Ashish Kumar Bhowmick and Sushma Rani Bhowmick, the mother -in -law of the complainant and the same was decreed by order dated 11.6.1999 by Subordinate Judge, 1st Court, Bhaglapur and Execution Case No. 16 of 1999 was levied by the present petitioner who was the Advocate were filed Money Suit No. 132 of 1993 and Execution case No. 16 of 1999.

(3.) THE grievance of the complainant is that the petitioner having full knowledge that the loan had been taken by Snehashish and the two guarantors Devashish Bhawmick and Ashish had no account in the Central Bank of India and had neither taken the loan nor had the decree been passed against them yet he in conspiracy with accused No. 2 ha got registered Kotwali P.S. Case No. 773 of 2004 wherein the petitioner herein had figured as the informant to unnecessarily harass her husband and brother -in -law Devashish. She claims to have given legal notices to the petitioner herein on several dates and eventually on 10.2.2006 she went to the house of the petitioner herein alongwith her husband Ashish and witnesses Sekhar Kumar Sanyal and Birendra Paswan where accused No. 2 Ravindra Kumar was present. The complainant is said to have enquired from the petitioner herein as to why he had suppressed material facts to falsely implicate her husband and Devashish in Kotwali P.S. Case No. 773 of 2004 when neither of them had taken any loan from the Central Bank of India. The two accused are said to have scolded and abused her and then she was impolitely shooed away. She claims to have visited the police station and on getting no co -operation she was compelled to file the complaint petition.