SURENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was Junior Engineer in Zila Parishad, Bettiah, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of the order of cognizance dated 30.11.1998 passed by Sri P.K.Prasad, Judicial Magistrate, 1st Class, Bettiah. By the said order the learned Magistrate has taken cognizance of the offences under sections 427 and 379 of the Indian Penal Code in Trial No.1305 of 1998 arising out of Complaint Case No.1533C of 1998.

(2.) The opposite party no.2 after his shop in question was demolished by the petitioner and others, filed Complaint Case No.1533C of 1998 in the court of Chief Judicial Magistrate, Bettiah, West Champaran. In the complaint petition it was alleged that the said demolition was done since the petitioner was prejudiced with the complainant. It was alleged that earlier free of cost the petitioner had used the car provided by opposite party no.2. It was alleged that since on the occasion of Durga Puja the opposite party no.2 did not provide the vehicle to the petitioner, the petitioner in the garb of the order of this court which was passed in a case bearing C.W.J.C. No.2290 of 1990 unauthorisedly demolished the shop/premises of opposite party no.2. It has specifically been alleged in the complaint petition that at the time of demolition the opposite party no.2 showed an injunction order which was granted in his favour in Title Suit No.87 of 1997 dated 31.5.1998. Ignoring the request of the complainant as well as injunction order passed in Title Suit No.87 of 1997 on 24.10.1998, the premises in question was demolished and the complainant suffered a loss of about Rs.25,000/ -. On these allegations the complaint petition was filed. The complainant was examined on solemn affirmation and in support of the complaint witnesses were examined. The complainant had also filed some documents in support of his case.

(3.) After examining the complainant and his witnesses as well as other evidences, the learned Magistrate by its order dated 30.11.1998 has taken cognizance of the offences under sections 427 and 379 of the Indian Penal Code.