JAGESHAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition has been preferred against the order dated 28.2.2001 passed by the Chief Judicial Magistrate, Gopalgunj, in Complaint CAse No. 173/2000 whereby and whereunder after holding the enquiry under Section 202 Cr PC the learned Chief Judicial Magistrate has dismissed the complaint holding that no prima facie case has been established against the accused persons rather a false case has been filed by the complainant for establishing his right over the Gairmazrua land.

(2.) THE case of the complainant - petitioner was that during the date of occurrence at about 5 P.M. all the accused persons came alongwith a Tractor and started breaking the soil house of the complainant -petitioner on the Gairmazrua land and took away all his belongings and house hold materials and when objected to, the Circle Officer and the Chowkidar instead of giving protection to the petitioner had taken him to the Police custody. But he was released on the next day.

(3.) DURING the course of enquiry, although, four witnesses were named, only two witnesses were examined for and on behalf of the prosecution. There is variation over the allegation in the complaint petition regarding bringing the Tractor and the quantum of amount of damages by the complainant himself. His witnesses have also deferred from each other. The OP No. 2 admittedly had claimed over the Gairmazrua land and the same had culminated in the filing of the complaint. The complainant failed to show his claim over the Gairmazrua land or his possession thereof. During the course of enquiry while the Court below had come to find out a prima facie case put questions to the witnesses and then a case had been revealed that it was nothing but a case for showing some right of the complainant over the Gairmazrua land.