RAM HARKH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Fourteen 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 20.6.2000 passed in TR Case No. 585 of 2000 by the Judicial Magistrate, 1st Class, Bagha (West Champaran). By the said order, the learned Magistrate had rejected the discharge" petition filed by the petitioners.

(2.) Short fact of the case is that one Dinanath Mishra, who was caretaker of one Shri Indrajeet Vikram Sah, gave his fardbeyan to the police alleging there in that while he was in the field of his landlord, about 100-150 accused persons variously armed visited the field of the landlord of the complainant and forcibly cut the crops and looted the same. It was alleged that in the occurrence, the landlord of the informant had suffered a loss of about Rs. 40,000/-, which was the cost of the crop. On the basis of the said fardbeyan, an FIR vide Bagha PS Case No. 59 of 1994 was registered on 11.11.1994 and FIR was registered for the offence under Sections 144 and 379 of the Indian Penal Code. After investigation, the police submitted charge sheet and at the stage of charge, a discharge petition was filed by the petitioners and by the impugned order i.e.,by order dated 20.6.2000, the learned Magistrate rejected the discharge petition.

(3.) Aggrieved with the order of rejection of discharge petition, the petitioners approached this Court by filing the present petition and on 20.8.2001, the petition was admitted for hearing and the Court directed for issuance of notice to opposite party No. 2. In the meanwhile, it was directed that further proceeding in Tr. Case No. 585 of 2000 pending in the Court of Judicial Magistrate, 1st Class, Bagha (West Champaran) as against the petitioners shall remain stayed and order of stay is still continuing.