TRIYOGI NARAYAN PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have approached this Court, under Section 482 of the Code of Criminal Procedure, for quashing the order dated 14.2.2008 passed by the Sessions Judge, Gopalganj, in Criminal Revision No.520 of 2007, whereby the Sessions Judge, Gopalganj, allowed the Criminal Revision, preferred by the complainant-opposite party no.2, Krishna Mohan Pathak, setting aside the order dated 7.11.2007 passed in Trial No.1522 of 2007 by Sri A.K.Ojha, Judicial Magistrate, Gopalganj, dismissing the complaint petition under Section 203 of the Code of Criminal Procedure.

(2.) In brief, the facts leading to this application are that the opposite party no.2, Krishna Mohan Pathak, lodged the F.I.R., numbered as Gopalganj P.S. Case No.436 of 1994 under Sections 379/34 of the Indian Penal Code against the accused-petitioners alleging that his father, Sheokumar Pathak, pleasing with the service of his wife Smt. Urmila Devi, executed the deed of gift on 13.8.2003 regarding Plot No.258 measuring an area 5 Bighas 18 Kathas 9 Dhoors of Khata No.10 of Village-Dumariya, P.S. and District-Gopalganj and since then land is in possession of his wife, Smt. Urmila Devi. The said land was purchased by his father, Sheokumar Pathak, on 23.1.1995 from his own income. In the said plot, his wife had grown sugarcane crops. The further case of the opposite party no.2 is that on 23.12.2004, in the morning, he was informed by Mukhdeo Sah about cutting and carrying away the sugarcane crops by the accused-petitioners alongwith 5-7 others. Thereafter, he went on the field and made protest then he was chased by the accused-petitioners armed with Garasa but he anyhow saved his life fleeing away from there.

(3.) The police on investigation submitted the final form against the accused-petitioners finding the case to be of civil dispute between the parties. Thereafter, on the basis of the protest petition filed by the opposite party no.2, Complaint Case No.449 of 2006 was registered by the court of Chief Judicial Magistrate, Gopalganj and transferred to the file of the court of Sri A.K. Ojha, Judicial Magistrate, 1st Class, Gopalganj. After inquiry, the learned Magistrate vide order dated 7.11.2007 dismissed the complaint petition under Section 203 of the Code of Criminal Procedure finding the case to be of civil nature. Being aggrieved and dissatisfied with the said order, the opposite party no.2, preferred the Criminal Revision No.520 of 2007 in the court of Sessions Judge, Gopalganj, who, after hearing the parties, allowed the Criminal Revision setting aside the order dated 7.11.2007 passed by the Judicial Magistrate, Gopalganj, dismissing the Complaint Case No.449 of 2006 with a direction to proceed with the matter afresh in accordance with law for taking cognizance in the complaint petition, which has been assailed by the accused-petitioners in this application.