RAMESH CHANDRA CHATURVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The complainant of Complainant Case No.898( C) of 2008 has filed this application for the quashing of the order dated 29.8.2008 passed by Sri Krishna Mohan Srivastava, learned Presiding Judge, Fast Track Court No.I, Patna in Cr.Revision No.404 of 2008, whereby he has affirmed the order dated 27.5.2008 passed by Sri Habibullah, Judicial Magistrate, First Class, Patna, in the said Complaint Case, whereunder the learned Magistrate had directed the complainant to produce one Abhinav Bhaskar for evidence in the enquiry under Sec. 202 Cr.P.C.

(2.) It appears that the complainant had filed the said complaint against five persons arrayed as accused therein for commission of offences under Sections 423, 467, 468, 474 and 120B I.P.C. It was alleged therein that the complainant was fraudulently got married to one Prabha on 19.5.1977 under the influence of medicines and after about 15 days following the marriage when her madness was detected, the said fact was brought to the notice of the father and family members of Prabha, but due to advice of the doctor and the assurances given by the family members of Prabha that her purported madness was only due to hysteria and that she would be cured on delivery of the first issue, the complainant reposing trust on the statements of the medical expert refrained from entering into litigation for dissolving the marriage with Prabha. It is further alleged that having faith in the assurances of the medical expert, the complainant took the risk and a male child Abhinav Bhaskar was born out of their wedlock on 13.7.1979. It is said that the Nana (maternal grand-father) of Abhinav had gifted a flat to Abhinav Bhaskar vide gift deed dated 17.1.1991. However, misfortune fell on the complainant and in the year 1998 even Abhinav became mad and had to undergo treatment for his madness under various Neuro-Psychiatrist but there was no improvement in his mental condition and he became more and more violent. He was eventually examined by Dr. Rajendra Narain Sinha, Consultant Psychiatrist, Psychological Medicine and Clinical Psycho-Analysis, on 13.2.2008 who referred him to Kanke Mental Asylum at Ranchi, where he was admitted on 15.12.2008. It is further alleged that during the period of insanity of Abhinav Bhaskar, all the accused persons conspired and in pursuance of such conspiracy they prepared forged and fabricated sale deed and having obtained the signature of Abhinav fraudulently, two months after the purchase of the stamp papers in the name of one of the accused persons got executed a forged and fabricated sale deed in respect of the flat and in pursuance of the said sale deed took possession of the said flat. It is also alleged that in committing the said fraud the accused persons had intentionally and fraudulently mentioned in the said sale deed that the son of the complainant wanted to start his own business and being in need of money he had sold the flat.

(3.) It appears that in the complaint petition filed on 11.4.2008 the complainant had cited only two witnesses and in order to make out a prima facie case, the complainant gave his statement on S.A. on 17.4.2008 and the evidence of his two witnesses were recorded on 28.4.2008 and 13.5.2008 respectively. That apart, the complainant produced documentary evidence by annexing the prescriptions of doctors treating Abhinav since 1998 and a copy of the fraudulently obtained sale deed whereafter the enquiry under Sec. 200 and 202 Cr. P.C. was closed on 13.5.2008. Arguments were advanced on behalf of the complainant on the point of taking cognizance on 22.5.2008 and 27.5.2008 was fixed for orders. However, curiously while passing the orders on 27.5.2008, the learned Magistrate directed the complainant to produce Abhinav, the insane son of the complainant, for his examination as a prosecution witness since he had not been cited as a witness in the complaint petition notwithstanding the fact that Abhinav at the relevant time and even on the date of passing of the order was admitted in the mental asylum at Kanke ( Ranchi).