SHASHI KANT C. ADESARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Cr. Revision is directed against the order impugned dated 25.2.2008 passed by Shri D.C. Awasthi, Judicial Magistrate, 1st Class, Jamshedpur in C/1-477/2005 by which the opposite party Nos. 2 to 6 were discharged for the alleged offence under sections 406/420/465/467/468/471/120-B/34 of the Indian Penal Code by observing that the case, which was presented by the complainant Ramesh Kumar Ranpara was purely a case of civil nature and the complainant could not provide sufficient material to frame charge in the aforesaid sections against them, as such the opposite party Nos. 2 to 6 were discharged.

(2.) THE petitioner of this Cr. Revision was neither the complainant nor the accused-opposite party in complaint C/1-477/2005 as such his locus to file the instant criminal revision has been challenged. Admittedly, the complainant did not prefer any revision nor the complainant has been impleaded as the opposite party by the petitioner herein who failed to associate himself so as to confer any legal right upon him to prefer this criminal revision by showing interest of the public at large.

(3.) MR . Barun Kumar Sinha, learned Counsel for the petitioner submitted that after formation of separate Jharkhand State. Shri Jamshedpur Gujrati Samaj applied for fresh registration and accordingly the said Samaj was registered vide registration No. 129 dated 12.7.2004 under the Societies Registration Act, 1860. Pursuant to that, the Samaj informed the Inspector General of Registration Bihar Patna to transfer their file to the jurisdiction of Jharkhand State, Ranchi. The members of the opposite party Nos. 2 to 6 claimed to be the members of original Gujrati Samaj on the basis of such registration in the year 1972 as also in the year 2004 and they also elected the members of the Executive Committee for the year 2003-04. Assailing the conduct of the members of the opposite party Nos. 2 to 6, learned Counsel explained that as per Rules and Regulation of Shri Jamshedpur Gujarati Samaj, a general meting of the Samaj aught to have been convened for electing 5 members as trustee of majority of votes but the opposite party Nos. 2 to 5 who were the members of the same family, claimed themselves as the members of trustee as if they were elected by the majority votes in the general meeting, yet, they started raising subscription amount from the members of the Samaj for their own benefits on the pretext of renewal of membership of the individual.