GUNANAND SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four 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 14.09.2000 passed by the learned Chief Judicial Magistrate, Araria in Araria P.S. Case No.300 of 1998. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offences under Sections 447, 427,379/34 of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2 filed a written report before the Officer Incharge of Araria Police Station alleging therein that the petitioners have committed offence under Sections 447,427, 379 /34 of the Indian Penal Code. It was alleged in the written report that he was residing at Ranchi and when he returned back to Araria , he saw that the accused persons had unauthorizedly constructed a hut over the land of the informant. It was alleged that bricks were also removed from the land of the informant. The informant alleged that earlier also whenever he had come back, he had noticed unauthorized occupation of the land by the accused persons and other cases were also filed. After registering the F.I.R., the police investigated the same and finally the police submitted final report on 31.01.1998. The police found that the case under Section 447,427,379/34 of the Indian Penal Code was in relation to the land dispute and the allegation was proved. However, it was observed that the matter appears to be a civil dispute and may be decided by the court of civil jurisdiction.

(3.) After submission of the final report, the learned Magistrate examined the materials available in the case diary and police report and after being satisfied that prima facie case was made out the learned Magistrate by the impugned order dated 14.9.2000 took cognizance of offence under Sections 447, 427, 379/34 of the Indian Penal Code.