D.P.SINGH, J. - (1.) HEARD the parties.
(2.) THIS petition under Section 482 of the Code of Criminal Procedure has been preferred to quash order dated 29.5.2002 parsed by the learned Additional Sessions Judge XIth, Dhanbad in Criminal Revision No. 125 of 2001 and further to stay the proceedings in Complaint Case No. 185 of 2000 filed by the opposite party No. 2. Briefly stated the facts leading to this petition are that complainant, I.D. Prasad, was Train Examiner with railways and he was allotted a railway quarters numbered as 44/A, M Type. Further stated that the said quarters though allotted to hint he applied for better quarters and thereafter quarters No. 38 -C Type II was allotted to him, in which he shifted. As per assertions of the opposite party No. 2, he vacated the said quarters No. 44/A, M Type on 30.3.1985. However, the petitioners served four! notices on him on different dates from September, 1999 to January, 2000 alleging therein that he remained in unauthorized occupation the said quarters No. 44/A, M Type. According to the opposite party No. 2, he has already informed the concerned office regarding vacation of this quarter, but the petitioners were trying to implicate him; on false grounds and giving notices without any valid cause of action.
(3.) ACCORDINGLY , Complaint Case No. 185 bf 2000 was filed before the Court of Chief Judicial Magistrate, Dhanbad and after enquiry cognizance was taken against the petitioners under Section 167 of the Indian Penal Code by order dated 29.9.2000. The petitioners moved before the Court of Sessions Judge in Criminal Revision No. 125 of 2001 against the said order, which was heard by the Court of Additional District Judge XIth, Dhanbad and finally decided against the petitioners on 29.5.2002.;