MAZHER HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") preferred by petitioner Md. Mazher Hussain praying therein to quash order dated 30.11.1996 recorded by Sri A.K. Singh, Judicial Magistrate, 1st Class at Patna in Complaint Case No. 878(C) of 1996 whereby and whereunder the accused was summoned to face trial for offences under Sections 147, 148 and 379 of the Indian Penal Code.

(2.) THE facts of the case, in brief, are that one Abdul Ahad filed the aforesaid complaint against the petitioner and three others alleging that the land in question, appertaining to Khata No. 1067, Plot No. 4116 was obtained by the mother of the complainant and his uncle in the year 1957. who have been paying rent of the same thereafter. The land in question continued in possession of the mother of the complainant on which the complainant grew vegetables and other grains. On the alleged date of occurrence vegetable and maize plants grown by the complainant -opposite Party No. 29 were standing over the land. The allegation is that on 30.6.1996 on receiving information that the petitioner and others were plucking the vegetables and harvesting the maize, he came to the place of occurrence and found them doing that act, when he tried to stop, the petitioner threatened him with revolver and other accused threatened him with bombs. Thereafter, they took away the vegetables and brought the same to the house of the petitioner where also the complainant objected to that but could not do anything. He also went to the Police Station and gave a written report. Ultimately he was abused by Thana people for instituting such a case, under influence of the petitioner who was at that time an As -sistant Sub -Inspector of Police.

(3.) THE plea of the petitioner, as in the application and as coming out of the submissions, is that a proceeding under Section 145 of the Code at that time was pending in the Court of Executive Magistrate at Patna and the vegetables etc. on the land were grown by the petitioner who was in possession of the land, which land was settled by the Ex. Zamindar with the father of the petitioner for which a receipt (Annexure -2) was granted. Further case of the petitioner is that after vesting of the Zamindari with the State the land continued to be in possession of the father of the petitioner and the rent was also being paid by the petitioner. It is also a plea that other cases were also pending between the parties elsewhere as enumerated in the report of the Police in course of enquiry in connection with the proceeding under Section 144 of the Code, vide Annexure -4.