QADIR WANI Vs. AB. GANI MIR

JUDGEMENT

(1.) This petition under Section 561-A Cr.P.C. has been filed by the petitioner with the prayer to quash the criminal complaint for offences punishable under Sections 420/506 RPC, titled Abdul Gani Mir v. Ghulam Qadir Wani, and the order dated 28.05.2014 passed by the learned Chief Judicial Magistrate, 1st Class, Handwara therein, whereby the trial Magistrate has ordered the accused to enter upon his defence etc. I have heard learned counsel for the parties and perused the record of the file.

(2.) The complainant, respondent herein, filed a complaint before the trial Magistrate stating therein that he is a member of Tumina Panchayat. He was in the office of the accused, BDO villagam, petitioner herein. The accused asked for a loan of Rs. 50,000.00 from him. He, the complainant, mortgaged his one Kanal of land to arrange the money and loaned it to the accused. After some time, when the complainant demanded the money back, the accused was annoyed and he threatened him of dire consequences and of handing him over to police. It is alleged in the complaint that the accused at the time of taking the loan had an illegal intention to cheat the complaint and through dishonesty induced the complaint to deliver money to him.

(3.) A perusal of the impugned order reveals that on 28.05.2014, the case was posted for hearing the learned counsel whether or not there a prima facie case was made out against the accused or not. After hearing the learned counsel, the trial Magistrate has come to the conclusion that at this stage it cannot be said that the charge is groundless. The trial Magistrate has, accordingly, called upon the accused to enter upon his defence and submit list of witnesses. The impugned order further reveals that on behalf of the accused-petitioner certain objections had been taken to the procedure adopted in the case till the date of hearing on the framing of charge, but the same have not been gone into by the trial Magistrate, observing that the court cannot roll back and reverse its own orders. However, such objections or grounds, as seem to have been raised before the trial Magistrate, have not been taken in this petition.