VIKAS KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal writ application has been preferred for quashing of the order dated 21.03.2016 passed by learned Sub-Divisional Judicial Magistrate, Patna City, Patna (hereinafter in short 'S.D.J.M.') by which the learned S.D.J.M. has taken cognizance of the offences under Sections 323, 448, 427/34 of the Indian Penal Code in the protest-cum-complaint case no. 1485 of 2014 arising out of Alamganj P.S. Case No. 274 of 2013 and decided to issue summons against the persons named in the complaint petition including the petitioner.

(2.) It appears on perusal of the records that respondent no. 3 had lodged a Police case being Alamganj P.S. Case No. 274 of 2013 dated 28.07.2013. In his written report to the Officer-in-charge of the Police Station the respondent no. 3 claimed that he had purchased two Katthas of land bearing plot no. 1387 in Khata No. 123, Thana No. 11, Mauja Sandalpur, Bajrangpuri (Payare Lal ka Bag) vide registered sale deed dated 09.01.2002 from one Trimurti Sahkari Grih Nirman Samiti, Lohanipur, Patna (hereinafter called 'co- operative society'). According to him, his vendor Co-operative Society had purchased the land through a deed of conveyance from one Ashok Kumar Mauar a resident of mohalla Sultanganj district Patna on 05.02.1990. The land is recorded in the name of the original vendor Ashok Kumar Mauar vide Jamabandi No. 176. The respondent no. 3 further claimed that from the date of purchase of the land he was in possession of the land and in the circle office name of his wife has been mutated in respect of the said land and revenue receipts are being issued. Respondent no. 3 alleged that on 28.07.2013 at about 9:25 in the morning while he was carrying on the construction work inside the boundary wall of his land which had an iron grill gate and a name plate fixed thereon, all of a sudden his neighbour (1) Arvind Kumar Mishra son of Sri Ganesh Mishra, (2) Manoj Kumar @ Manoj Kumar Rai, (3) Chandan Kumar Darsh New (4) Vikash Kumar (petitioner) and 3-4 unknown persons whom he can identify came there lashed with lathi-danda. They demanded Rs. 10 lakhs (in the written report the amount has been written in figure as '10,0000'). Respondent No. 3 further alleged that the accused persons started beating his friends and the labourers and they damaged the iron grill gate, threw away the name plate in the nearby water reservoir and took away the articles of the informant.

(3.) The records further reveal that the first information report was received in the office of the learned Additional Chief Judicial Magistrate, Patna City (hereinafter in short 'A.C.J.M') on 30.07.2013, though 29.07.2013 was a working day but it was sent to the court of learned A.C.J.M. after two days.