- (1.) IN this application petitioner prayed for quashing the order dated 23.5.2006 in connection with Complaint Case No. 124 of 2006 corresponding to T.R. No. 1241 of 2006 pending in the court of Sri Amit Shekhar, Judicial Magistrate, 1st Class, Giridih whereby and whereunder, cognizance under section 385 and 417 of the IPC was taken against the petitioner. Petitioner further prayed for quashing of entire criminal proceeding of aforesaid case.
(2.) IT is alleged that the petitioner who is Sub Divisional Officer, (Telephone) had issued fake, false and forged telephone bill in the name of complainant in spite of the fact that the complainant had already paid the bill for those period. It is further alleged that the telephone connection of complainant was disconnected by the petitioner for non payment of aforesaid forged, false and fabricated bill. It is alleged that the aforesaid bills were issued in the name of complainant with an intention to cheat him with some ulterior motive. It appears that the said complaint was sent to the court below for inquiry under section 202 of the Cr.P.C. and the learned court below after inquiry, come to the conclusion that prima facie, case under section 385 and 417 of the IPC is made out. Accordingly, the court below directed for issuance of summon against the petitioner vide order dated 23.5.2006.
(3.) IT is submitted by learned counsel for the petitioner that from perusal of entire complaint petition as well as the statement of complainant on S.A. and also the statement of witness examined during inquiry, no offence against the petitioner is made out. It is submitted that the allegation made in the complaint petition is so absurd and improbable that no prudent man can reach to a conclusion that there is sufficient ground for proceeding against the accused -petitioner. It is submitted that the issuance of process in the instant case is an abuse of process of court and therefore the same cannot be sustained by this Court.;