- (1.) Heard learned counsel for the applicants; Sri H.K. Yadav for the opposite party no.2; and the learned A.G.A. for the State.
(2.) By the present application, the applicants have sought quashing of the proceedings of Complaint Case No.2802 of 2010, pending in the Court of Chief Judicial Magistrate, Sonebhadra, under Section 406 I.P.C., P.S. Robertsganj, District Sonebhadra.
(3.) A perusal of the record reveals that the opposite party no.2 filed complaint against the applicants alleging therein that the complainant, who is engaged in the business of taking groves on rent from tenure holders for plucking and selling fruits, on 04.03.2010, met the applicant no.1 with a proposal to take his grove for the aforesaid purpose. On complainant's request, the applicant no.1 offered, on rent, a grove situated at Mushare Tola, Mauja Rajpur having 24 trees of mango and 6 trees of jack fruit for Rs.19,000/-. It is alleged that the complainant paid Rs.8,000/- that day itself and the balance amount of Rs.11,000/- on 17.03.2010 and obtained receipt. It has been alleged that, subsequently, on 12.05.2010, the villagers approached the complainant with various documents claiming title over the grove and prevented the complainant from exercising his right to pluck the fruits. Thereafter, the complainant approached the applicant no.1, who refused to return the money. With the aforesaid allegations, the complainant sought prosecution of the applicants for offences punishable under Sections 406 and 420 I.P.C.;