C. SUBRAMANIAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS have invoked the inherent powers of this Court under Section 482, Cr.P.C, praying for quashing the entire criminal proceedings initiated against them pursuant to the order dated 16.2.1999 passed in C.P. Case No. 1170 of 1998, passed by Mr. A.K. Tiwari, Judicial Magistrate, 1st Class, Dhanbad, whereby cognizance of the offence under Section 406, I.P.C. was taken against the petitioners with a direction that they should appear and face trial in the case.

(2.) THE main grounds in support of the prayer is that the learned Court below has passed the order of cognizance without application of judicial mind and without considering the allegations and the facts and circumstances of the case in proper perspective, and that the continuance of the proceedings against the petitioners will amount to abuse of the process of law and perpetrate injustice as even on the basis of the entire allegations, no offence under Section 406, I.P.C. can be made out against any of the petitioners. The further ground is that the learned Court below has failed to appreciate that the instant case has been filed by the complainant/ opposite party No. 2 apparently with mala fide intentions to seek revenge against the petitioners and by way of a counter-blast to the criminal case instituted against him for the offence under Section 138 of the Negotiable Instruments Act.

(3.) FOR better appreciation of the grounds advanced by the petitioners, reference to the prosecution case in brief may be made: