BHARAT KISHORE NARAYAN SARASWATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners seek quashing of the order dated 16.8.2004 passed by Judicial Magistrate, 1st Class, Darbhanga in T.R. No. 620/200/C.R. No. 967/2000 by which he refused to discharge the Petitioners from the liability of criminal prosecution in a complaint instituted by the opposite party No. 2, in which cognizance had been taken for offences punishable under Sections 147, 148, 323, 342, 379 of Indian Penal Code.

(2.) On 6.1-2006 notices were issued to the opposite party No. 2 and further proceeding in court below was stayed. Thereafter on 14.4.2006 matter was admitted for hearing. The opposite party No. 2 has appeared and the matter is being disposed off in the presence of the parties concerned.

(3.) The case of the opposite party No. 2 is that he was a rightful owner of Khata Nos. 379 and 380, plot Nos. 2147, 2148 and 2149 measuring 10 Kathas of land and he had grown the paddy crops on the same but the accused persons had committed theft of the same and also assaulted him in the transaction when prevented from doing so. After the examination of the complainant on solemn affirmation and three witnesses on his behalf, the court took cognizance in the matter by an order dated 5.1.2001. The Petitioners then filed a Criminal Revision before the Sessions Judge, Darbhanga which was heard by Vth Additional Sessions Judge, Darbhanga but he was pleased to dismiss the same by an order dated 23.4.2002 vide Cr. Revision No. 317 of 2001. The Petitioners then moved this Court vide Cr. Misc. No. 21574/2002 which was heard on 10.9.02 but dismissed with liberty to raise all the points before the court below at the time of framing of charge. The Petitioners thereafter moved the court below for discharging them under Section 245(1) Code of Criminal Procedure which the court below dismissed on grounds stated therein.