D.N.PRASAD,J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing of the order dated 27.10.1998 taking cognizance against the petitioner under Section 406 of the Indian Penal Code passed by the learned Chief Judicial Magistrate. Palamau at Daltonganj in Mohammadganj P.S. case No. 12 of 1989, corresponding to G.R. No. 607 of 1989.
(2.) IT appears that the petitioner had earlier moved this Hon'ble Court for quashing the entire Criminal Proceeding including the order dated 24.3.1995 by which the cognizance was taken and by order dated 25.4.1997 this Court after setting aside the order taking cognizance remitted the case back to the Chief Judicial Magistrate. Palamau at Daltonganj with observation that he will examine the complainant on solemn affirmation and then proceed with the case and if he satisfied that there is material for taking cognizance, he will proceed in the matter accordingly. Short facts giving rise to this application as alleged that Opposite party No. 2. being complainant filed the complaint casewhich was sent by the learned C.J.M.Palamau to the police station for registeringthe FIR on the basis of which was registeredbeing Mohammadganj P.S. case No. 12 of1989 under Section 406, IPC against thepetitioner. It is alleged that the complainantwas having cordial relationship with thepetitioner and was also doing contract workwith the brother -in -law of the petitioner aspartner. On 25.2.1984 the petitioner haddemanded a sum of Rs. 10.000/ - from thecomplainant for purchasing the land whichwas given to the complainant of the case.Again in the month of September, 1987 thepetitioner demanded motorcycle from thecomplainant bearing registration No. BRO5995 for using the same and also stated toreturn the same to the complainant but couldnot return the motorcycle to the complainantand when the complainant started demanding money and motorcycle then theaccuse/petitioner refused to return the same.Thereafter the complainant gave an information to the Superintendent of police. Palamauat Daltonganj but nothing could be done andas such the complaint was lodged on20.1.1989. After investigation, final report wassubmitted in this case but the complainantfiled the protest petition and thereafter thecognizance was taken by the Court belowagainst which the petitioner filed Cr. Misc.603 of 1996 in which there was an observation to examine the complainant on solemnaffirmation and proceed with the case and ifthere is material and after being satisfied, theCourt will proceed in the matter after takingcognizance.
(3.) PURSUANT to the order dated 25.4.1997 the Court below examined the complainant and after dealing with the evidence on record and also considering the limitation matter, took cognizance against the petitioner for the offence under Section 406 IPC Hence this application.;