The central legal point established in the judgment is the need for uncontroverted allegations to establish a criminal offense and the court's authority to quash criminal proceedings based on mala fide prosecution and lack of evidence.

RAJEEV RANJAN PRASAD, J.

Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned Additional Public Prosecutor for the State in all these three applications.

2. As all these three cases involved common issues between the same parties, as such, on the request of learned counsel for the parties, all the three cases have been heard together and are being disposed of by this common order.

3. Cr. Misc. No. 46221 of 2013 has been filed by one Chunchun Singh and Bittu Singh @ Bittu Kumar Singh, son of Chunchun Singh, for quashing of the order dated 19.07.2013 passed by learned Judicial Magistrate, 1st Class, Saharsa in Complaint Case No. 839(C)/2012 (Lalmani Singh Vs. Chunchun Singh and others) by which the learned Magistrate has taken cognizance for the offences alleged under Sections 341, 323 and 379 of the Indian Penal Code and issued summon to both the accused who are petitioners before this Court.

4. A perusal of the complaint petition would show that according to the complainant accused persons are related to him as brother-in-law (Bahnoi) and sister-in-law’s son (Bhagina) respectively. The complainant alleged that with intention to earn his livelihood he wanted to purchase a six-wheel vehicle and in this regard when he talked to accused no. 1, he made him to believe that he would help him in getting the vehicle financed through Tata Motor Finance. The complainant believed the words of the accused no. 1 and went to his residence in Madhya Pradesh and requested him to finalize the deal with the financer for the purpose of purchase of vehicle. He allegedly handed over a sum of Rs. 2,50,000/- to accused no. 1 to make the down payment.

I. At this stage, it is alleged that the Tata Motors demanded a certificate of being local resident which was not available with the complainant. He alleges that when he demanded back his Rs. 2,50,000/- from the accused, the accused no. 1, persuaded him to let the agreement be executed in the name of accused no. 1 and that there will not be any issue as both of them are related as Sala-Bahnoi. The complainant had no option but to believe the words of accused no. 1, the papers were made in the name of cousin sister of the complainant namely, Reena Devi @ Rina Devi and the vehicle was delivered on 12.08.2010, which the complainant brought to his village and started paying the installment out of the earnings from the said vehicle.

II. It is alleged that on 14.06.2011, also a paper was prepared, whereunder it was agreed that the complainant will keep depositing the installment in the bank account no. 10990843969 of the cousin sister, Rina Devi, in the State Bank of India, Jamuna Kalri Branch (Madhya Pradesh), and the accused promised that whatever money will be received from the insurance company against the risk amount the same will be handed over to the complainant after taking no objection from the company and the vehicle will be transferred.

5. Further case of the complainant is that the accused persons gave a promise that the complainant will have no loss because of the said document, the complainant kept on paying the installment amount through bank and whenever the accused persons demanded in cash the same was paid in cash, however, when the complainant enquired from the financer about the status of the installment deposits, came to know that the installment amount was not deposited with the financer. The complainant alleges that the money has been utilized by the accused for own purposes. On inquiry made from the accused persons, it is alleged that they became angry, abused the complainant and threatened him of kidnapping, murder and taking away of the vehicle. In this regard, the complainant is said to have submitted a “Sanha” in the court of Sub-Divisional Judicial Magistrate, Saharsa bearing no. 1068/2012. According to the complainant, after knowing about the Sanha entry recorded by the complainant, the accused persons became so angry that they star