P.P.Bhatt,J. - (1.) The present application is filed under section 482 of the Code of Criminal Procedure for quashing of the order taking cognizance dated 12.6.2001 whereby the learned court of Chief Judicial Magistrate,Bokaro at Chas has taken cognizance of the offence punishable under sections 406/420 of the Indian Penal Code against all the accused persons including the petitioners herein in connection with C.P.Case No. 78 of 2001.
(2.) Learned counsel for the petitioners submitted that the learned court below has taken cognizance for the offence punishable under sections 406/420 of the Indian Penal Code against all the accused persons including the present petitioners in C.P.Case No. 78 of 2001 without proper application of mind and without considering the fact that the complainant does not disclose any offence of criminal nature and no case is made out against the present petitioners and dispute whatsoever is there of civil in nature.
(3.) Learned counsel for the petitioners further submitted that in a Cr.M.P. No. 4653 of 2001 filed by the accused persons no. 1 and 2, a Coordinate Bench of this Court, after careful consideration of the facts and circumstances involved in the said case, was pleased to quash the order of taking cognizance of the offence punishable under sections 406/420 of the Indian Penal Code in C.P.Case No. 78 of 2001 qua the accused persons no. 1 and 2.It is further submitted that the case of the present petitioners is also similar to that of the accused persons of Cr.M.P.No.4653 of 2001.Learned counsel for the petitioners by referring the averments made in the complain petition submitted that the allegations made against all the accused persons are general in nature . So far as accused nos. 1 and 2 are concerned, a Coordinate Bench of this Court has already quashed the order of taking cognizance of the offence punishable under sections 406/420 of the Indian Penal Code in C.P.Case No. 78 of 2001 as per order dated 26th April,2012 passed in Cr.M.P. No. 4653 of 2001.;