V B SINGH Vs. RAJENDRA KUMAR GUPTA

JUDGEMENT

(1.) The present petition has been filed by the petitioners herein aggrieved by the order dated 26.6.2006 passed in Complaint Case No.2862/2006 by virtue of which cognizance has been taken against the petitioners herein for having committed offences under sections 417, 418, 427/120-B, 451, 468 and 471 of IPC. Thereafter, the learned Court of the Judicial Magistrate First Class, Rewa, has straight away issued non-bailable warrants against the petitioners and two others at the very first instance without resorting to procedure under section 204 read with section 61 Cr.P.C and without giving any reasons as provided under section 87 Cr.P.C.

(2.) The brief facts which need to be referred to in this case are that the Respondent No.1 is a resident of a house bearing no. 17/17, situated on Kothi Road, Tahsil Huzur, Police Station Civil Lines, Rewa, and the said house is on land bearing Arazi No.416 admeasuring 2639 sq.ft. The house is stated to have been constructed by the father of Respondent No.1 after having purchased the same from the previous land lord Shanti Prasad Pradhan and along with the said land, land being Arazi No.206 was purchased from Major Shiv Prasad Singh in the year 1957 on which a house was constructed. It is further contended by the Ld. Counsel for Respondent No.1 that all the maps were approved by the appropriate authorities and thereafter the house was constructed upon it. Ld. Counsel for Respondent No.1 has further stated that on 2.8.2005, he received a notice from the Court of the Tahsildar, Rewa, to the effect that 75 sq.m. of land had been encroached upon by the Respondent No.1. The Respondent No.1 has alleged that the said notice was prepared and sent to him upon a false report given by the then Revenue Inspector Mr. B. P. Dwivedi who is petitioner no.5 in the instant petition. The notice required the Respondent No.1 to appear in the Court of the Tahsildar on 3.8.2005 to which the Respondent No.1 states that he had given his reply to the said notice on 4.8.2005.

(3.) The Respondent No.1, who is the original complainant in this case upon whose complaint the proceedings were initiated against the petitioners herein and the quash of which is sought by the petitioners in this petition, filed a writ petition before this court being Writ Petition No.8032/2005 which was disposed of vide order dated 8.8.2005 by which this court had directed the respondent no.2 in that case i.e. the Commissioner, Municipal Corporation, Rewa, to afford an opportunity of hearing to the Respondent No.1 herein and pass a cogent and germane reasoned order. Thereafter the order to remove the encroachment was passed by the Court of Tahsildar Nazul, Rewa in Case no.34/A-68/04-05 by which the Respondent No.1 was fined with Rs.500.00 for having encroached upon 75 sq.m. of municipal land and was directed to remove the encroachment from the said land within 24 hours voluntarily, else the same would be removed by the State Authorities.