Meena Narayan and Others vs The State of Bihar (Now Jharkhand) and Shri L. Vijay Sagar

H.C. Mishra, J.—Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for O.P. No. 2. The petitioners have filed this application for quashing the entire criminal proceeding against them in connection with Complaint Case No. 339 of 2000, as also the order dated 30.5.2000 passed therein by Shri B.K. Verma, learned Judicial Magistrate 1st Class, Jamshedpur, whereby, upon an enquiry in the complaint case filed against the petitioners, prima facie case has been found against the petitioners for the offence u/s 406, 420, 323/34 IPC and the process was ordered to be issued against the petitioners.

It appears from perusal of the record that the complaint case was filed by O.P. No. 2 (herein), alleging that money was advanced by the complainant to the accused petitioners, who are builders, for construction/purchase of a duplex house. It is also alleged that the accused petitioners started demanding money over and above the agreed amount and ultimately the incomplete building was handed over to the complainant. There is also allegation of assault against the petitioners when the complainant made protest against extra amount demanded by the accused persons in the name of development, beautification and other charges. There are other allegations also in the complaint petition, on the basis of the complaint was filed against the petitioners. On the basis of material brought on record during enquiry, the Court found that there were sufficient ground for proceeding against the accused persons for the offence u/s 406, 420, 323/34 IPC and has ordered for issuing process against the accused persons.

Learned counsel for the petitioners has submitted that the impugned order passed by the Court below, as also the continuance of the criminal proceeding against the petitioners are absolutely illegal, in as much as, the dispute is of civil nature and the building has also been handed over to the complainant. Learned counsel accordingly submitted that the impugned order and the criminal proceeding against the petitioners cannot be continued in the eyes of law and are, accordingly, fit to be quashed.

Learned counsel for the O.Ps have opposed the prayer.

From perusal of the allegations made in the complaint petition itself I find that there are allegations of assault as well as of making demand of extra money from the complainant and it is also alleged that incomplete building was handed over to the complainant. In that view of the matter, I am of the considered view that the case is not purely of civil nature as claimed by the learned counsel for the petitioners. I find that on the basis of the material brought on record in the inquiry stage, prima facie case has been found against the petitioners by the Court below and process was ordered to be issued against the petitioners. As such, there appears to be no illegality and/or irregularity in the impugned order worth interference in the revisional jurisdiction. In the facts and circumstances of the case, I do not find any merit in this application and the same is hereby dismissed.