SARDAR RAVI INDER SINGH SON OF LATE SARDAR AJAIB SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anil Kumar Sinha, learned senior counsel for the petitioners and Mr. Binod Singh, learned S.C. (L & C) for the State.

(2.) In this application the petitioners have prayed for quashing of complaint case no. C/1 Case No. 1027 of 2007 instituted for the offence punishable under Sections 420/406/424/120(B) of I.P.C. A further prayer has been made for quashing of the order dated 28.08.2012 by which the learned Magistrate had been pleased to dismiss the application preferred by the petitioners for their discharge under Section 245 of Cr.P.C.

(3.) It has been stated by the learned senior counsel for the petitioners that the entire dispute is civil in nature which has been compromised. Learned senior counsel further submits that a second complaint on same set of allegations is not maintainable. Learned senior counsel further submits that it was incumbent upon the learned Magistrate to conduct an inquiry or direct investigation before issuance of process against the petitioners. It has been stated that these points were not raised before this Court at the time of hearing of the application and the powers of the Court under Article 226 of the Constitution of India is unfettered and therefore, this Court can interfere in this application.