VAKIL KHAN Vs. FAIYAZ HUSSAIN

JUDGEMENT

(1.) Vakil Khan and 9 others filed this petition under Section 432 Cr. P. C. with a prayer to quash the summon ing order passed in a complaint case against them by the Chief Judicial Magistrate, Faizabad on the basis of complaint contained in Annex. 11. The applicants and the opposite party No. 1 Faiyaz are residents of village Bhulepur. Hanswar, within the circle of Police Station/hanswar, District Faizabad. Plot Nos. 655 and 659 in that village adjoin each other. The plot no. 659 belong to the applicant Mushtaq. One 'marha' was burnt and the opposite party No. 1 Faiyaz lodged First Information Report under Section 436 I. P. C. against the applicants, the case was investi gated and a final report was submitted by the police. Therefore, Faiyaz filed the criminal complaint in question. The First Information Report was lodged against one Raghavanand also and he moved an application under Section 482 Cr. P. C. which was allowed and the proceedings under Section 436 I. P. C. pending against him were quashed in Crl. Misc. Case No. 468/84. It is not disputed that Faiyaz and others filed a civil suit with regard to plot No. 655 against Akhlaq Khan and others which is still pending. The applicants of that case pleaded that an encroachment has been made by the defendants of that case on their plot on 14. 8. 85. This suit itself shows that some of the applicants against whom that suit was filed have been in possession of the disputed plot No. 655. It is not shown that they were restrained by means of any order from changing the nature of that plot. In case any 'marha' existing on that plot was burnt by them, they cannot be held liable for the same unless it is established that the 'marha' belongs to Faiyaz and (hey had no right to deal with that 'marha' in any manner they like. The rights of that parties regarding that land have to be decided by the Civil Court. In case, Faiyaz is able A-8 to establish his claim over 'marha' and is also able to show that the applicants or some of them have burnt that 'marha, he can at best claim damages for the same. But any case for this criminal complaint is not made out, with the result that this petition succeeds. The petition is allowed and the proceed ings in criminal complaint under Section 436 I. P. C. pending against them in the Court of Chief Judicial Magistrate, Faizabad are quashed. .