MANI CHORA DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition is filed for quashing the order dated 17-2-2001 passed by Sub Divisional Magistrate, Dhanbad Whereby the learned Magistrate has initiated proceeding under Section 145, Cr.PC considering the report of the Circle Officer that there was chances of breach of peace. This order relates to M.P. Case No. 828 of 2000 pending in the Court of S.D.J.M. Dhanbad.

(2.) Learned Counsel for the petitioner relying on a decision reported in 2001 JWR 106 SC. submitted that when a title suit with regard to same properties is pending in the civil Court and when prayer for injunction has been refused by the competent Court then this proceeding cannot continue then proceed with the case and if he satisfied that there is material for taking cognizance, he will proceed in the matter accordingly.

(3.) Short facts giving rise to this application as alleged that Opposite Party No.2, being complainant filed the complaint case which was sent by the learned C.J.M. Palamau to the police station for registering the FIR on the basis of which was registered being Mohammadganj P.S. case No. 12 of 1989 under Section 406, IPC against the petitioner. It is alleged that the complainant was having cordial relationship with the petitioner and was also doing contract work with the brother-in-law of the petitioner as partner. On 25-2-1984 the petitioner had demanded a sum of Rs. 10,000/- from the complainant for purchasing the land which was given to the complainant of the case. Again in the month of September, 1987 the Petitioner demanded motorcycle from the complainant bearing registration No. BRO 5995 for using the same and also stated to return the same to the complainant but could not return the motorcycle to the complainant and when the complainant started demanding money and motorcycle then the accused/petitioner refused to return the same. Thereafter the complainant gave an information to the Superintendent of police. Palamau at Daltonganj but nothing could be done and as such the complaint was lodged on 20-1-1989. After investigation, final report was submitted in this case but the complainant filed the protest petition and thereafter the cognizance was taken by the Court below against which the petitioner filed Cr. Misc. 603 of 1996 in which there was an observation to examine the complain ant on solemn affirmation and proceed with the case and if there is material and after being satisfied. the Court will proceed in the matter after taking cognizance.