SK JAMALUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application on behalf of the accused persons for quashing the order dated the 12th September, 1979, passed by the Chief Judicial Magistrate, Katihar, taking cognizance of the case against the petitioners.

(2.) It appears that on the 9th March, 1979, the complainant, Mr. Tahir (opposite party no. 2) filed a complaint before the Chief Judicial Magistrate, Katihar, against the accused persons (petitioners) alleging that on the 7th March, 1979 at 2 p.m. while he was coming from his Samdhi, accompanied with his son, and reached near the house of the accused persons, the latter asked him to execute a sale-deed with respect to certain lands. On refusal he was tied to a pole. His son asked the accused persons to release his father but they did not listen and gave out that he would be implicated in another case.

(3.) On the same day the complainant was examined on solemn-affirmation. The case was referred to the Block Development Officer, Balrampur, for investigation. The Block Development Officer after investigation submitted a report to the effect that the cass was false. On the 12th September, 1979, the Chief Judicial Magistrate considered the report of the Block Development Officer and passed the impugned order.