REYAZ AHMAD Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Rajiv Ranjan, learned counsel for the petitioner and Mr. Avinesh Kumar, learned A.P.P. for the State. No one appears for the opposite party no. 2.

(2.) The petitioner in this application has prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 1490 of 2000 including the order dated 04.03.2002 passed by the learned Judicial Magistrate, Dhanbad whereby and where-under cognizance has been taken for the offences punishable under Sections 417/418 of the I.P.C.

(3.) A complaint case was instituted by one Madina Khatoon claiming herself to be the legally wedded wife of late Abdul Rauf who was an employee of BCCL, in which it has been stated that the accused persons had falsely assured the complainant in the month of Jan. 1999 that she would be provided service in BCCL and the fund of the deceased would be distributed in the share of the accused no. 1 to 6 equally to which the complainant had agreed. It is alleged that to her surprise, it came to her knowledge that accused nos. 1 to 6 in conspiracy with accused person nos. 8 to 11 are attempting fraudulently to secure a job in the BCCL for the accused no. 4. Allegations have also been made that in the service record of the deceased employee late Abdul Rauf, the accused nos. 1 to 6 have been shown to be the members of the family, but fraudulently the death certificate of strangers have been obtained at the instance of accused no. 8 to 11 and false affidavit, death certificate etc. have been furnished by the accused nos. 1 to 6 in collusion with accused nos. 8 to 11. It has also been alleged in the complaint petition that the Personnel Manager of BCCL demanded Rs. 20,000.00 from the complainant for providing her with a job in place of her deceased husband and when she could not manage the said amount, the accused no. 8 had mentioned about the service which would be provided to the petitioner. It has also been alleged that the accused no. 4 (petitioner) in collusion and cooperation with accused nos. 8 to 11 caused disappearance of evidence with respect to the application form submitted by the deceased Abdul Rauf for entering the name of the complainant in the service record and family pension documents and other records. The complainant therefore, has claimed that the fraudulent act on the part of the accused persons make them liable to be tried for the offences punishable under Sec. 418, 420, 406, 409, 467, 465, 471 and 120B of the I.P.C.