Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6262 of 2001 =================================================== Against the order dated 11.12.2000 passed in Araria P.S. 313 of 2000/G.R. No.1347 of 2000 by the Chief Judicial Magistrate, Araria. =================================================== Md. Ekhlaque Alam, son of Abdul Hameed, resident of village- Chulhania, P.S. Mahalgaon (Jokihat), District-Araria. .... .... Petitioner. Versus 1. The State Of Bihar. 2. Bibi Farzana, wife of Fakhruddin, resident of village-Budeshwari, P.S. Mahalgaon (Jokihat), District-Araria. .... .... Opposite Parties. =================================================== Appearance : For the Petitioner : M/s. Md. Anis Akhtar, Md. Rashid Alam, Mahtab Alam and Arifdaula Siddiqui, Advocates. For the State : Mr. Dashrath Mehta, A.P.P. For the O.P. No.2 : M/s. Vivekanand Singh and Ritesh Kumar Singh, Advocates. ==================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA) -------------- The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 11.12.2000 passed in Araria P.S. Case No.313 of 2000/ G.R. No.1347 of 2000 by the Chief Judicial Magistrate, Araria, taking cognizance of the offence under [STATUTE] against the petitioner. Patna High Court Cr.Misc. No.6262 of 2001 dt.23-01-2012 2 2. In brief, the case is that on the basis of the Complaint Case No.232C of 2000 filed on behalf of the opposite party no.2, Bibi Farzana, in the court of the Chief Judicial Magistrate, Patna, as sent under Section 156(3) of the Code of Criminal Procedure, Araria P.S. Case No.313 of 2000 was instituted on 20.7.2000 under [STATUTE] against the accused-petitioner. It is alleged by the complainant-opposite party no.2, Bibi Farzana, in the complaint petition, which is the basis of the F.I.R., that due to false rumour spreading in the year 1983 regarding her marriage her father, Mohd. Nurul Haque (now deceased) arranged Panchayti in village-Chilhania in which decision was taken to execute the sale deed of two bighas of land by Md. Quamrur Raza and Md. Ansarul Raza jointly for performing the marriage of the complainant-opposite party no.2 in a well to do family in favour of one of the panches who will keep the land as ‘Amanant’ and after performing the marriage of the complainant-opposite party no.2, the panch will execute the sale deed in favour of the complainant-opposite party no.2. Accordingly, Md. Quamrur Raza and Md. Ansarul Raza executed the sale deed on 25.10.1983 in respect of the land measuring an area of 0.29 decimals 6.75 Kari of Khesra No.2593 and an area of 53 decimals 8.75 Kari of Khesra No.2487 of Khata No.116/1, in favour of one of the panchas, Sheikh Alauddin. Later on, Sheikh Alauddin showed his inability to Patna High Court Cr.Misc. No.6262 of 2001 dt.23-01-2012 3 carry out the liability and executed two sale deeds, for one bigha in the name of the petitioner, Md. Ekhlaque Alam and for another one bigha in the name of Md. Ainul Haque. It is alleged by the complainant- opposite party no.2 that Md. Ainul Haque also, later on, sold one bigha of land of jimmenama through registered sale deed on 4.9.1986 in favour of the petitioner, Md. Ekhlaque Alam. As such, the petitioner, Md. Ekhlaque Alam, came in possession of two bighas of land on jimmenama but later on, he stopped to give the crops of the said land in spite of repeated demand and, lastly, on 4.7.2000, the petitioner, Md. Ekhlaque Alam, refused to give the crops and return the land to the complainant-opposite party no.2. On investigation, police submitted the chargesheet against the petitioner in the court of the Chief Judicial Magistrate, Araria, who, accordingly, took the cognizance of the offence against the petitioner under [STATUTE] through the impugned order dated 11.12.2000. 3. Learned counsel appearing on behalf of the petitioner made submission that from the complaint petition itself, it is clear that the dispute appears to be of non returning the two bighas of land, as alleged to be transferred to the petitioner, Md. Ekhlaque Alam, through sale deeds on jimmenama for opposite party no.2. It has further been submitted that Md. Mohiuddin, father of Md. Quamrur Raza and Md. Patna High Court Cr.Misc. No.6262 of 2001 dt.23-01-2012 4 Ansarul Raza, who are said to be initially transferor of land as detailed in complaint petition in favour of Sheikh Alauddin on Jimenama for opposite party no.2, has filed the Title Suit No.405 of 1984 in respect to plot of R.S. Khatiyan No.116/1 covering the disputed plot, making the first party to his wife and his two sons, Md. Quamrur Raza and Md. Ansarul Raza, with the contention that half of the land of R.S. Plot No.116/1 was purchased by him from his own earning in the name of his wife and two minor sons, Md. Quamrur Raza and Md. Ansarul Raza and half of the land was purchased by the defendant nos.7 and 8, namely, Md. Ekhlaque Alam (petitioner) and Md. Ainul Haque, as such, his sons, namely, Md. Quamrur Raza and Md. Ansarul Raza, have no right to transfer the half of the land of R.S. Plot No.116/1 and the said suit is still pending. As such, the dispute as alleged in the complaint petition, which is the basis of the F.I.R., is of pure civil in nature and criminal proceeding is completely abuse of the process of the court 4. On the other hand, learned A.P.P. for the State made submission that the learned Chief Judicial Magistrate, Araria, has taken the cognizance of the offence against the petitioner on perusal of material available in the case diary. As such, there is no illegality in the impugned order. 5. On perusal of the complaint petition, which is the basis of Patna High Court Cr.Misc. No.6262 of 2001 dt.23-01-2012 5 the F.I.R.

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.