ABDUL GAFFAR Vs. RAMAN DAS

JUDGEMENT

(1.) With the help of the present application made under Ss. 401/397 read with Section 482 of the Code of Criminal Procedure, the petitioner has approached this Court with prayers, inter alia, to set aside and quash the impugned order, dated 18-2-94, passed by the learned Munsiff Magistrate No. 1, Goalpara, in C.R. Case No. 89/94, whereby the learned Magistrate dismissed the petitioner's complaint made against the accused opposite party on the ground that legal sanction to institute the proceeding against the accused-Opposite Party did not exis.

(2.) In a nutshell, petitioner's case may be narrated as follows : The petitioner is in lawful possession of the land, described in the schedule to the complaint. As the Forest Official were disturbing petitioner's possession over the said land, he instituted a Title Suit against the Divisional Forest Officer, Goalpara, and others seeking declaration of his title to the said land and for restraining the dependents from entering into the land. In Misc. Case No. (J) 2/94, instituted by the petitioner, temporary injunction was issued restraining the Forest Officials from evicting the petitioner from the said land. Despite existence of this injunction order, the opposite party Nos. 1, 2 and 3, who are the employees of the Forest Department, trespassed into the said land, threatened the petitioner that he would be arrested and, then, directed him to remove his house from the said land. When the petitioner objected thereto, the petitioner was forcibly dragged out of the said land and brought in a jeep to the Range Office of Goalpara Baladmari Range. The opposite party, then, closed the door of the office from inside, put a Khukri (a sharp edged weapon) on the throat of the petitioner and on their repeated demands, the petitioner, out of fear, put his signature on a blank sheet of paper, whereupon the accused- opposite party brought the petitioner in the said jeep to Goalpara Police Station and lodged there a FIR against the petitioner by making false accusations, which led to the arrest of the petitioner. The petitioner was, later on, released on bail. Thereafter, the petitioner instituted CR Case No. 89/94 aforementioned in the Court of the learned Chief Judicial Magistrate, Goalpara, against the accused. Opposite Party alleging commission of offences by them under Sections 447/342/323/387, IPC. The learned Chief Judicial Magistrate made over the case to the learned Munsiff Magistrate No. 1, Goalpara, for disposal, who, in turn, after examining two witnesses under S. 202(2), Cr. P.C. passed the impugned order, dated 18-2-94, aforementioned dismissing the complaint on the ground as has been stated hereinabove. Being aggrieved by this order, the petitioner has approached this Court.

(3.) I have perused the materials on record including the impugned order. I have heard Sri HRA Choudhury, learned counsel for the petitioner. None has appeared on behalf of the accused opposit party.