JYOTIKA SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the opposite parties.

(2.) This revision application has been filed against the order dated 17.12.2003 passed by Sri V. K. Singh, learned Judicial Magistrate, Jamshedpur, in C/1- 230 of 2001, whereby upon hearing on the point of charge, the Court below found that prima facie offence is made out against these petitioners under Sections 420, 406, 427, 428, 448 of the Indian Penal Code and directed them to appear in the Court for framing of the charge.

(3.) It appears that the complaint petition was filed by the complainant opposite party No. 2 before the Court of the Chief Judicial Magistrate, Jamshedpur, which was registered as C/1-230 of 2001. From perusal of the compliant petition, it appears that the complainant and the accused persons are the landlord and tenant and there is dispute between them for vacating the tenanted premises. After filing of the complaint petition, the petitioners moved this Court in Cr.M.P. No. 4537 of 2001, for quashing the entire criminal proceeding against them, which was dismissed by a detailed order dated 8.7.2002, wherein this Court took into consideration the fact that there was dispute between the landlord and tenant and alternative remedy was there in the Civil Court. This Court however, held that it is well settled that the criminal proceeding cannot be thwarted merely because civil case is also maintainable, and accordingly, the criminal miscellaneous petition filed by the petitioners was dismissed by this Court. However, a liberty was given by this Court to the petitioners to raise all their points at the time of framing of charge.