JADU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure (hereinafter to be referred as 'Code '), has been filed for quashing the entire criminal proceeding including the order dated 29.6.1999 passed in complaint (Official) Case No. 57 of 1999 whereby and where under the learned Chief Judicial Magistrate, Dhanbad took cognizance.

(2.) FACTS giving rise to the filing of this application are that O.P. No. 2 -Sub -Divisional Magistrate, Dhanbad (Complainant) lodged a complaint before the Chief Judicial Magistrate, Dhanbad stating inter alia therein that a proceeding under. Sec.144, Cr PC being M.P. Case No. 409 of 1998 was started against the petitioners and one Nand Lal Sharma (witness in this case). In the proceeding, both parties appeared and filed their show -cause and also photocopy of their documents on 27.7.1998. On behalf of the petitioners, one photocopy of the registered partition deed No. 407 dated 14.8.1927 was filed but the other side suspected the genuineness of the documents, although translated version of the original documents in Hindi was placed before the Court for perusal and the Court allowed the first party to examine the documents. The Advocate claimed that translation is correct but suspected the genuineness of the document. Thereafter original document was returned to the petitioners -second party and a photocopy along with Hindi translation was retained and the case was disposed of.

(3.) ON the said complaint, the Chief Judicial Magistrate, Dhanbad registered complaint case No. 57 of 1998 against the petitioners under Sections 192/193/420/466/467/468/471, Indian Penal Code (Annexure -1).