BHAGWAN SINGH SON OF LATE KAMTA SINGH AND ANIRUDH KUMAR SON OF LATE BABULAL RAM Vs. STATE OF BIHAR AND ANWAR ALI SON OF HAJI TAJMUL HUSSAIN

JUDGEMENT

(1.) Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 6th June, 2001 passed by the learned Chief Judicial Magistrate, Araria in Raniganj P.S. Case No. 192 of 1998 (G.R. No. 1212 of 1998). By the said order, the learned Chief Judicial Magistrate has taken cognizance of offences under Sections 467, 471, 193 and 120B of the Indian Penal Code and directed for summoning the accused persons.

(2.) Short fact of the case is that Opp. Party No. 2, namely, Anwar Ali initially filed a complaint in the court of the learned Chief Judicial Magistrate, Araria, which was numbered as Complaint Case No. 767 of 1998 arraying eleven persons as accused including both the petitioners, who were at the relevant time posted as Circle Inspector and Circle Officer respectively. The said complaint was referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure and accordingly an F.I.R. vide Raniganj P.S. Case No. 192 of 1998 was registered on 28.7.1998 for offences under Sections 467, 471, 193 and 120B of the Indian Penal Code. In the F.I.R. it was alleged that the informant's/complainant's wife had got land from her father and thereafter they were paying rent and rend receipts thereof were being issued in favour of wife of the complainant. It was alleged in the F.I.R. that accused Nos. 1 to 7 were keeping their evil eyes over the lands of the informant's wife and with a view to illegally usurp the land of the wife of the complainant accused Nos. 1 to 7 had got a proceeding under Section 48D of the Bihar Tenancy Act initiated in respect of the said land, which was registered as Case No. 55 / 1992-93. It was further disclosed that the wife of the complainant and other co-sharers appeared before the Anchal Adhikari, Raniganj and filed their objection. It was also alleged that accused No. 8, who is petitioner No. 2 in the present case in the capacity of Circle Officer had himself inspected the disputed land and thereafter the case, which was instituted by accused Nos. 1 to 7 was rejected. After rejection of the case, an appeal was also preferred under the provision of Bihar Tenancy Act, which was numbered as Appeal No. 42 of 1993 and that too was dismissed on 26th August, 1996. It was further alleged by the complainant that accused Nos. 1 to 7 got a forged document prepared in the name of wife of the complainant and in connivance with other accused persons a fresh case was instituted under Section 48D of the Bihar Tenancy Act, which was numbered as Case No. 9 of 1995-96. It was alleged that accused persons conspiring with each other got a forged and fabricated document prepared and on that basis order was passed on 15th July, 1996. The complainant disclosed that he came to know regarding the said order only on 15th May, 1998 and thereafter a complaint was filed, which was finally registered as Raniganj P.S. Case No. 192 of 1998. After investigation, the police submitted chargesheet and thereafter the learned Magistrate by its order dated 6.6.2001 took cognizance of the offences under Sections 467, 471, 193 and 120B of the Indian Penal Code and directed for summoning the accused persons.

(3.) Aggrieved with the order of cognizance the petitioners approached this Court by filing the present petition. On 26.2.2002 while issuing notice to Opp. Party No. 2, this Court directed that under further orders, further proceeding in the court below with respect to petitioners, namely, Bhagwan Singh and Anirudh Singh shall remain stayed. Thereafter, on 25.10.2002 the case was admitted for hearing and lower court record was called for and it was directed that during the pendency of this application further proceedings in the court below shall remain stayed. The order of stay is still continuing.