SARDAR DARSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 2.9.1994 passed by the 5th Additional Sessions Judge, Patna in Cr.Revision No.562 of 1991. By the said order, the learned Additional Sessions Judge,Patna allowed the revision petition preferred by Opp.Party no.2 , who was complainant in Complaint Case No.111 of 1991.

(2.) The complainant had filed Complaint Case No.111 of 1999 alleging therein that the accused persons including the petitioners have committed offence under Sections 323,341, 448 , 427 , 379, 504/34 of the Indian Penal Code. It was alleged that the wall of the complainant was forcefully demolished by the accused persons and in the said occurrence, the complainant was also assaulted and he has suffered a loss of Rs.1000/-. After filing of the complaint petition and examining the complainant on S.A., the learned Magistrate referred the matter for conducting an enquiry by a police officer. Subsequently, a report was submitted by the police. On perusal of Annexure-2,i.e. order of the learned Sub Divisional Judicial Magistrate, whereby the complaint petition was rejected, it appears that the enquiring officer during enquiry found that the dispute in between the parties were purely of civil nature. It was also pointed out by the enquiry officer that a title suit vide Title Eviction Suit No.61 of 1988 was pending in between the parties. Accepting the report of the Sub Inspector of Police and after examining the materials available on the record, the learned Sub Divisional Judicial Magistrate, under Section 203 of the Code of Criminal Procedure rejected the complaint petition.

(3.) Aggrieved with the rejection of the complaint petition, the complainant filed Cr.Revision vide Cr.Revision No. 562 of 1991/ 5 of 1992. The Addl.Sessions Judge, by its order dated 2.9.1994 allowed the Criminal Revision. Aggrieved with the order of allowing Criminal Revision , the petitioners approached this Court by filing the present petition. On 2.8.1999 while issuing notice to Opp.Party no.2, this Court had directed that there shall be stay of further proceedings in Complaint Case No.111/91 in the court below , in the meantime. Subsequently, on 8.2.2000, this application was admitted for hearing. While admitting the case, this Court directed that pending disposal of this application the interim order of stay dated 2.8.1999 shall continue. The stay order is still continuing.