SAHEB SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Complainant/ O.P. No.2.

(2.) Petitioners have prayed for quashing of order dated 01-08-1998 passed by Judicial Magistrate, Ist class, Siwan in case No. C 530/98 leading to Trial No. 1148/98 relating to offences under sections 323 and 379 of Indian Penal Code.

(3.) Learned counsel for the petitioners has challenged the order of cognizance on a simple but effective plea that by a judgement of the Civil Court rendered after contest between the parties dated 17-3- 1997 the suit of the plaintiffs was decreed and as purchasers from the ancestors of the plaintiffs, these petitioners got the benefit of such judgement and decree of the Civil Court in March, 1997 and on that basis a dispute between the parties pending under section 145 of the Code of Criminal Procedure was dropped on 30-5- 1997. According to case of the petitioners after the judgement and decree of the Civil Court, on 17-5-1998 the alleged occurrence of crop cutting took place in which the complainant claimed to be in possession over the land.