Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12499 of 2011 ====================================================== Kamla Tiwary, son of Late Hira Tiwary, at present resident of Shankar Nagar, Chandwa More, Ara, Police Station – Ara - Nawada, District - Bhojpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 06-11-2012 Heard Sri Arun Kumar Singh, learned counsel for the petitioner and Sri Ajit Kumar, learned Additional Public Prosecutor. In this case, a peculiar plea has been taken by learned counsel for the petitioner for directing the learned Chief Judicial Magistrate, Bhojpur at Ara, either to take cognizance for the offences committed by the accused named in Ara -Nawada P.S. Case No. 213 of 2010 , G.R. No. 1832 of 2010 for offences under [STATUTE] or to take necessary steps in accordance with law without delaying the matter. While this petition was filed, Office had pointed out defect regarding maintainability of this petition. In this case, initially the petitioner had filed a complaint vide Complaint Case No. 799 of 2010, which was referred to Patna High Court Cr.Misc. No.12499 of 2011 (3) dt.06-11-2012 2 / 2 2 Police for its registration and investigation under Section 156(3) of the Cr.P.C., and thereafter, F.I.R. vide Ara -Nawada P.S. Case No. 213 of 2010 was registered for the offences under [STATUTE] against six named accused persons. Police after investigation found the case as dispute relating to land, and as such, final report was submitted, which has been brought on record vide Annexure – ‘2’ to the petition. The petitioner submits that he has filed protest petition i.e. Annexure - ‘3’ to the petition, however, no order has been passed till date. In this case, though F.I.R. was lodged against six named accused persons, they have not been impleaded in the present petition nor order sheet of the Court below has been brought on record. In such situation, it would be difficult for this court to exercise inherent jurisdiction under Section 482 of the Code of Criminal Procedure in favour of the petitioner. I do not find any ground for passing any favourable order. The petition stands dismissed. Praful/- (Rakesh Kumar, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.