IMPORTANT POINT
The presence of direct and specific allegations is crucial in determining the legality of orders and the applicability of previous judgments in similar cases.

JUDGMENT :

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 21.08.2019 passed in Criminal Revision No. 105 of 2019 by the Additional Sessions Judge-II, Deoghar, whereby and where under, the learned Additional Sessions Judge-II, Deoghar has dismissed the criminal revision filed by the petitioners against the order dated 04.08.2018, passed in Complaint Case No. 239 of 2018 whereby and where under, the learned Judicial Magistrate -1st Class, Deoghar has found prima facie case against the petitioners for having committed offences punishable under Sections 323, 380, 427, 452, 506 & 34 of the Indian Penal Code and also to quash the said order dated 04.08.2018, passed in Complaint Case No. 239 of 2018.

3. The brief facts of the case is that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons on 15.02.2018, trespassed to the shop of the complainant-opposite party no.2, caused simple hurt to him, committed theft of gold chain, criminally intimidated him and committed mischief by throwing the articles of the shop hither and tither. The learned Magistrate, basing upon the materials in the record i.e. the complaint petition, statement on solemn affirmation of the complainant as also the statement of the inquiry witnesses found prima facie case for the offences punishable under Section 323, 380, 427, 452 & 506/34 of the Indian Penal Code. The petitioners preferred Criminal Revision No. 105 of 2019 before the Sessions Judge, Deoghar, which was ultimately heard and disposed of by the learned Additional Sessions Judge-II, Deoghar. The learned Additional Sessions Judge-II, Deoghar, vide his order dated 21.08.2019 observed, relying upon the Judgment of Hon’ble Supreme Court of India, in the case of Nirmaljit Singh Hoon Vs. State of West Bengal & Anr., reported in AIR 1972 SC 2639 wherein, the Hon’ble Supreme Court of India observed that the enquiry envisaged under Section 202 of the Cr.P.C. is only for ascertaining whether there is evidence in support of the complainant, so as to justify the issue of process. Section 202 of the Cr.P.C. does not say that a regular trial of adjudging the truth or otherwise of the person complained against should take place at that stage, for such a person can be called upon to answer the accusation made against him only when a process has been issued and he is on trial and on the basis of the said ratio of the Judgment, considering the facts of the case, no illegality was found by the learned Additional Sessions Judge-II, Deoghar in the order passed by the learned Magistrate and dismissed the criminal revision.

4. It is submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in this case and the criminal proceeding is actuated with malice. It is then submitted that the petitioners filed Title (D) Suit No. 116 of 2004 against the complainant with a prayer for declaration of right, title and interest over the suit land and for recovery of possession. It is then submitted that to pressurize the petitioners, this false case has been foisted by the complainant-opposite party no.2. It is then submitted that no case for the offence in respect of which the learned Magistrate found prima facie case is made out in the facts of this case.

5. The learned counsel for the petitioners relied upon the Judgment of Hon’ble Supreme Court of India, in the case of Syed Yaseer Ibrahim Vs. State of Uttar Pradesh and Another, reported in 2022 SCC Online SC 271 wherein in the facts of that case where none of the ingredients of the offence punishable under Section 420 of the Indian Penal Code have been found to exist; after the investigation was complete against the appellant before the Hon’ble Supreme Court of India, for the offence punishable under Section 420 of the Indian Penal Code