BILAUTIA DEVI Vs. STATE

JUDGEMENT

(1.) This Criminal Misc. application has been filed under Section 482 of the Code of Cr. P.C. by the petitioners praying therein for quashing the order dated 5-8-1998 passed by the Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No. 500 of 1998 whereby and whereunder the learned Magistrate took cognizance under Sections 406/418 of the Indian Penal Code.

(2.) Brief facts as alleged in the complaint petition is that the petitioner No. 1 Bilautia Devi is step mother of complainant and petitioner No. 2 Rambriksh Sao is her brother whereas Laxman Sao is husband of Bilautia Devi was the owner of the premises who had two daughters by his first wife whereas petitioner No. 1 was his second wife and she had no issue. After the death of Laxman Sao the dispute was settled by deed of settlement dated 7-12-1972 but accused Nos. 1 to 3 started creating trouble for which a Title Suit No. 99 of 1992 was filed. It is further alleged that the petitioner No. 2 dishonestly sold a portion of the property to the petitioner No. 5 whereas petitioner No. 1 also sold the property dishonestly to the accused No. 2 and 4 having full knowledge of the right of the complainant. On 21-7-1998 the complainant requested the petitioners to return the property but no step could be made hence the complaint case was filed and after inquiry the cognizance was taken under Sections 406/418 of the Indian Penal Code.

(3.) The Opposite Party No. 2 also filed counter-affidavit claiming therein that Laxman Sao had to daughters by his wife Chuttu Bai and after demise of Chuttu Bai, Laxman Sao re-married with petitioner No. 1. There was a deed of family settlement on 7-12-1972 executed in between petitioner No. 1 and opposite Party No. 2 and her brother Ram Briksh Sao and Nephew of petitioner Nos. 2 and 3. Opposite party No. 2 came to know after the said judgment and decree that during the pendency of the said suit being Title Suit No. 99 of 1992, petitioner No. 1 sold the property in part in favour of her brother Rambriksh Sao, the petitioner No. 2 and other part to Devendra Singh petitioner No. 1. Petitioner No. 1 also preferred an appeal being Title Appeal No. 9 of 1997 before the learned District Judge at Singhbhum (East) at Jamshedpur against the judgment and decree dated 14-10- 1996. The allegation made in the complaint has fully established and constituted an offence and the learned Court below has rightly taken cognizance and as such the petition is fit to be dismissed.