Rongon Mukhopadhyay,J. - (1.) Heard Mr. S.P. Roy, learned counsel for the petitioner and Mr. Shekhar Sinha, learned counsel for the State. No one appears on behalf of opposite party no.2.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with C.P. Case No. 483 of 2002, including the order dated 23.04.2002 passed by the learned Chief Judicial Magistrate, Dhanbad whereby and where under cognizance has been taken for the offence punishable under Sections 341, 379, 406, 420 of the Indian Penal code.
(3.) A complaint case was lodged by the complainant,opposite party no.2 herein, in which it was stated that the complainant and her husband had a Community Hall constructed out of their own income at Durga Mandir Road, Hirapur, Dhanbad and had named the same as" MADAN SMRITI BHAWAN" in the memory of elder brother of the husband of the complainant. It was also stated therein that the hall is used for various religious and social functions and is given on rent on a minimum rental basis and the details of the bookings are entered in the Registers and an account with respect to the same is also maintained. It was alleged that the petitioner, who is one of the elder brothers of the husband of the complainant, had come to the house of the complainant on 20.7.2002 and had asked the complainant to produce the files of the Community Hall and on good faith and not believing the ill intention of the petitioner, had entrusted him with two cover files, containing all the necessary documents pertaining to the upkeep of the Community Hall. Thereafter, it has been alleged that while the petitioner was perusing the files in which a cash amount of Rs. and 2,430/- was also kept, all of a sudden, there was power failure and the petitioner hurriedly left the house along with the files and the amount of Rs. 2,430/-.;