B B MOHANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition under section 397 read with 401 of the Code of criminal Procedure (hereinafter to be referred as 'the Code') is directed against the order dated 4-12-2007 passed by Additional sessions Judge No. 1, Jaipur City, Jaipur in Criminal Revision No. 23/2007 whereby the revision was accepted and the order dated 22-5-2007 passed by Additional Chief judicial Magistrate No. 10, Jaipur City, jaipur was quashed and set aside and the learned Additional Chief Judicial Magistrate was directed to register the case against the accused petitioner B. B. Mohanti for the offences under Sections 420 and 506, IPC.

(2.) BRIEF facts of the case giving rise to this revision petition are that the complainant-non-petitioner narayan Padi filed a complaint in the Court of Additional chief Judicial Magistrate No. 10, Jaipur City, Jaipur stating therein that he and B. B. Mohanti are the residents of Orissa; his employer Sh. S. S. Sharma who was also known to Sh. B. B. Mohanti agreed and thereupon handed over his Sharma building, situated at bhuvaneshwar, to Sh. B. B. Mohanti free of rent for a period of three years to run a school by Mohanti's wife; it was also alleged that two blank stamp papers were also taken by the petitioner from Sh. S. S. Sharma on the pretext of need for getting the electricity and water connection and later on Sh. B. B. Mohanti demanded Rs. 7. 5 lacs for handing over the possession of the building and blank stamp papers; ultimately a sum of Rs. 5. 5 lacs was settled and the same was paid to sh. B. B Mohanti by Sh. S. S. Sharma through the complainant, and on that possession of the building was handed over by sh. Mohanti and an assurance was given to remove the furniture from the building within two-three days and to hand over the blank papers after his arrival at Jaipur but the stamp papers were not handed over by sh. Mohanti even on his return to Jaipur; thereafter a notice was served by Sh. S. S. Sharma to the complainant regarding the amount paid to Mohanti and unreturned stamp papers; on this the complainant went to the house of the petitioner B. B Mohanti and asked him to return the blank papers or the amount then allegedly B. B Mohanti abused and also threatened him to implicate in some false cases.

(3.) THE complainant was examined under Section 200 of the Code and statement of witnesses were recorded under Section 202 of the Code, thereafter, learned Judicial Magistrate sent the complaint for inquiry to the Police Station Gandhi Nagar after framing three points. Police submitted its report and after hearing to the complainant the learned Magistrate declined to take cognizance and accordingly the complainant was dismissed. Against that order the complainant filed a revision petition and the revisional Court while allowing the revision petition directed the learned Magistrate to register the case for the offences under Sections 420 and 506, 1pc against the petitioner b. B. Mohanti. Therefore, this revision petition has been filed by the petitioner before this Court.