D.N. Upadhyay, J. - (1.) This Cr.M.P. has been filed for quashing the order dated 26th July, 2004 passed by learned 12th Addl. Sessions Judge, Dhanbad in connection with Criminal Revision No. 272 of 2003 whereby the criminal revision preferred by the petitioners stood dismissed and the order dated 22.11.2003, passed by learned Judicial Magistrate, 1st Class, Dhanbad in connection with G.R. Case No. 1687 of 2001 has been upheld.
(2.) The facts, in brief, are that petitioner no. 1 has obtained a shop on rent in the premises of the complainant. Some dispute cropped up between the complainant-landlord and tenant-petitioners and after that supply of electricity and other amenities had been stopped by the complainant. Petitioner no. 1 filed a petition u/s 10 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 before the rent controller for restoration of electricity and other amenities in the shop in question. During pendency of the proceeding, petitioners had furnished certain rent receipts allegedly to be forged. When the complainant could learnt about those forged rent receipts, he filed a complaint vide C.P. Case No. 282 of 2001 and the said case was sent to the concerned police station for registration and investigation under Section 156 (3) of the Cr.P.C. The police, after due investigation, submitted charge-sheet against both the petitioners.
(3.) A petition for discharge was filed by the petitioners before the learned trial Court and after granting hearing to the parties at length, the petition was rejected vide order dated 22.11.2003. The petitioners then preferred Cr. Revision No. 272 of 2003 before the learned District & Sessions Judge, Dhanbad which stood disposed of from the Court of learned 12th Addl. Sessions Judge, Dhanbad and the revision so preferred stood rejected.;