BAIDYA NATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners seek quashing of the order dated 28.11.2001 passed in Complaint Case No. 1260 of 2001 by the Court of Sri S.D. Dwivedi, Judicial Magistrate, Gopalganj, summoning the accused persons including the petitioners under Section 204 of the Code of Criminal Procedure, on inquiry, finding prima facie case under Sections 323, 448, 427 and 504 of the Indian Penal Code and also the order dated 1.2.2006 passed by the Additional Sessions Judge, Fast Track Court No.-III, Gopalganj, dismissing the Criminal Revision No. 437 of 2002 as preferred against the aforesaid summoning order dated 28.11.2001. The facts, leading to this application, are that the complainant-opposite party no. 2, Samshul Hassan, filed the complaint petition, numbered as Complaint Case No. 1260 of 2001, against the four accused persons including the petitioners along with 10 unknown police personnels, with the contention that his house is situated at Plot No. 754 of Khata No. 65. The accused-petitioner no. 1, Dr. Baidya Nath Prasad Singh, has encroached his land of the said plot and has filed the Title Suit No. 191 of 1994. In the said Title Suit after receiving of the Commissioner's report and hearing the counsel of both the parties, the court vacated the order of status quo on 28.7.2001. There after, on 2001, he was doing the work of affixing the four windows in the first floor in the house. At that time, the petitioner no. 1, Dr. Baidya Nath Prasad Singh, made protest. Then he showed the court's order dated 28.7.2001 vacating the injunction order but in spite of that the petitioner no. 1, Dr. Baidya Nath Prasad Singh, gave threatening to stop the work, otherwise the four windows will be thrown away. At the time of occurrence, the petitioner no. 1, Dr. Baidya Nath Prasad Singh, along with other accused, namely, Biput Prakash Singh, Satya Narayan Kurmi and R.K. Poddar, Officer-in-Charge of Gopalganj Police Station along with 10 unknown police personnel reached at the first floor of the house and he was slapped and abused giving threatening and removed the windows. Due to that reasons, he suffered a loss of Rs. 2,000/-, As such, the accused persons are liable for disobeying the court's order dated 28.7.2001.

(2.) After filing of the complaint petition by the complainant-opposite party no. 2, Samshul Hassan, on inquiry under Section 202 of the Code of Criminal Procedure, the Court of Sri S.D. Dwivedi, Judicial Magistrate, Gopalganj, summoned the accused persons including the petitioners, named in the complaint petition, finding prima facie case under Sections 323, 448, 427 and 504 of the Indian Penal Code through the order dated 28.11.2001

(3.) Learned counsel appearing on behalf of the petitioners made submission hat the accused-petitioner no. 1, Dr. Baidya Nath Prasad Singh, is the renowned Orthopedic Surgeon and is practicing at gopalganj and he is also associated with several N.G.Os. The petitioner no. 1, on purchasing the eastern portion of plot no. 754 measuring an area of 3 Kathas 51/2 Dhoors and plot no. 755, contiguous to the east of the plot no. 754, he constructed the house and Nursing Home. The complainant-opposite party no. 2, Samshul Hassan, also purchased 1 Katha and 121/2 Dhoors land from plot no. 754 in the west and started construction without leaving three fetes land towards the east according to Panchnama. Thereafter, the petitioner no. 1, Dr. Baidya Nath Prasad Singh, finding no option filed the Title Suit No. 191 of 1994 and the complainant-opposite party no. 2 also filed Title Suit No. 227 of 1994 and both the Title Suits were amalgamated. In Title Suit No. 191 of 1994 filed by the petitioner no. 1, Dr. Baidya Nath Prasad Singh, the Munsif-III, Gopalganj, had granted injunction restraining the complainant-opposite party no. 2 for making any construction. The order of maintaining the status quo dated 1.3.1997 was vacated by the Subordinate Judge-IV, Gopalganj, on 28.7.2001. Thereafter, the petitioner no. 1, Dr. Baidya Nath Prasad Singh, filed the Miscellaneous Appeal, numbered as Miscellaneous Appeal No. 24 of 2001, in the Court of the District Judge, Gopalganj, who vide order dated 31.7.2001 stayed the order of the Subordinate Judge directing the complainant-opposite party no. 2 to maintain the status quo and, as such, on the alleged date of occurrence, there was injunction order and when the complainant-opposite party no. 2, started construction the police forbade to make construction on the basis of the order of the learned District Judge and due to that reasons with oblique motive the complainant-opposite party no. 2 has filed the present complaint petition against the petitioner no. 1, his son, petitioner no. 2, Compounder, Satya Narayan Kurmi and R.K. Prodder, the then Officer-in-Charge of Gopalganj Police Station along with 10 unknown police personnel. It has also been submitted that the complainant-opposite party no. 2, has also filed several criminal cases against the accused-petitioner no. 1, Dr. Baidya Nath Prasad Singh, only with a view to harass him, so that he may withdraw the Title Suit.