Decided on April 02,2012

Nanhe Kha Appellant


Barin Ghosh, J. - (1.) THE lease obtained by the applicants, it was alleged in the complaint, was transferred in favour of the complainant. It has further been alleged in the complaint that after such transfer, applicants acted contrary to the respective rights and liabilities emanating from such transfer and such actions constituted acts resulting in commission of offences punishable under Section 420 of the Indian Penal Code. In addition to that, it has been alleged that the applicants have committed other offences punishable under other provisions of the said Code. In the present writ petition, it is being contended that there was no transfer of the lease, instead complainant was engaged for a temporary period to look -after the rights and obligations of the applicants arising out of the lease. Truth and substance of this contention can only be decided upon evidence being led and the same is accepted by the court. That is not possible in a proceeding under Section 482 of the Code of Criminal Procedure. In the circumstances, there is no scope of interference. At the same time, it appears that there is a civil suit pending between the applicants and the complainant pertaining to rights and obligations of the parties flowing from the self same lease. In the circumstances, the best course would be to grant bail to the applicants in connection with Criminal Complaint Case No. 1650 of 2011 pending in the court of Additional Judicial Magistrate, Khatima upon the applicants' furnishing personal bond with two sureties of Rs. 20,000/ - each to the satisfaction of the said Additional Judicial Magistrate with the direction upon the said Additional Judicial Magistrate to expedite the disposal of the criminal case at an early date.
(2.) THE application is, accordingly, ordered and disposed of.;

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