PATNA, India, Oct. 31 -- Patna High Court issued the following judgment on Oct. 9:

Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The present quashing application has been filed for quashing of entire criminal proceeding initiated in Brahmpur P.S.Case No.397 of 2019 registered for the offence under Sections 420, 465, 468, 471, 793 and 120(B) of Indian Penal Code.

3. The prosecution story in brief is that the informant (O.P.No.2) has lodged Brahmur P.S.Case No.397 of 2019 alleging therein that a false and fabricated case bearing Brahmpur PS Case No.284 of 2018 by the co-accused and Krishnbrahm P.S.Case No.263 of 2018 had been lodged against her and her husband & others on the ground that they had taken Rs.2.5 lac in respect of providing job to them. As a result, the informant and her husband were put behind the bars, subsequently they suffer economic loss and mental torture. It is also alleged that the P.O. and the date of lodging of Brahmpur P.S.Case No.284 and 2018 and Krishnbrahm P.S.Case No.263 of 2018 are same.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had lodged Brahmapur (Krishnabrahm) PS Case No.263 of 2018 on 10.06.2018 under Sections 406, 420, 467, 468, 471 and 34 of the IPC against the informant and her husband, who is informant of Brahmpur P.S. Case No.399 of 2019 and others alleging therein that the petitioner on the invitation of Nirbhay Singh (husband of informant) in the Year, 2017 the petitioner visited at his house (Jharsa, Gurgaon) where Mithilesh Singh (informant) was available alongwith him and he ensured to arrange a job to him in District Court of Haryana, and they demanded Rs.5,00,000/- for the same on 05.03.2017. Informant and her husband visited at the house of the petitioner, where the petitioner had given Rs.2,50,000/- and on 12.05.2017, the petitioner was called by them to their house for giving the offer letter issued by the District & Sessions Judge, Gurgaon, Haryana, and demanded rest amount of Rs.2,50,000/-. The petitioner assured that he will make payment when he will come for joining. Before joining the petitioner verified the genuineness of the offer letter and found that it to be fake. Being cheated, the petitioner went to the house of Nirbhay Singh where the petitioner was abused by accused persons on 05.04.2018 and Nirbhay Singh gave a cheque of Rs.2,50,000/-, which got dishonored.

5. Learned counsel further submitted that after perusing the FIR, case diary and charge sheet, the learned CJM took cognizance under Sections 406, 467, 468, 471/34 of the IPC against the accused Nirbhay Singh and his wife Mithilesh Singh (informant) on 19.11.2018.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM4NzQ1OCMyMDI0IzEjTg==-jSuAMMeF1ug=

Disclaimer: Curated by HT Syndication.