FR FRANCIS MATTATHILANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application the petitioners have prayed for quashing the order dated 26.8.95 passed by the iearned Subdivisional Judicial Magistrate, Lakhisarai taking cognizance of an offence punishable under sections 147, 295, 323, 390, 427, 449 of the Indian Penal Code against the petitioners. Shortly stated the prosecution is that opposite party filed a complaint petition before the learned Subdivisional Judicial Magistrate, Lakhisarai on 14.9.94 alleging therein that the Officer Incharge, Piro Bazar police station alongwith some other persons tresspassed the premises of Ramanujacharya koti and had not only obstructed the renovation work of Hanuman Mandir which was going on at the relevant time but also assaulted the witnesses and took away certain articles from the room of the complainant. On the basis of the complaint petition, statement of solemn affirmation and the witnesses examined during the course of enquiry, learned Magistrate took cognizance of the alleged offence as stated above.

(2.) IN this case, petitioner no.1 is the Priest of the Catholic mission, petitioner no.2 is the resident of Basauni who is alleged to be of 75 years of age suffering from various ailments whereas petitioners no. 3 and 4 are employees of the said Catholic mission.

(3.) IN opposition, learned counsel for the complainant -opposite party, however, submits that dispute in the instant case relates to Hanuman Mandir which is situated over plot no.491. He further submits that the aforesaid suit in which status quo was passed has nothing to do with the allegation made in the complaint petition. In the light of the submission made on behalf of the parties I have perused the plaint of Title suit no.26/70 as well as Title suit no.27/78. Title suit no. 26/70 relates to plot no.503, 504 measuring an area 54 decimal 76 decimal respectively. Title suit no.27/78 relates to plot no.491 measuring an area one decimal to the south eastern corner.