MOHINDER LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition field by petitioners Mohinder Lal, then posted as Defence Estates Officer, In-charge Bihar and Orissa Circle, Danapur Cantonment. Danapur and by Lt.Col.G.N.Jha, then posted as Commandant (Administrator) Bihar and Orissa, Danapur Cantonment, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the CodeT) praying there in the quash the entire proceeding in the Complaint Case No. 296(C) of 1994 pending in the Court of Sub-divisional Judicial Magistrate, Danapur as also the order dated 5/9/ 1994 whereby and where under cognizance of offences under Sections 447 and 506 of the Indian Penal Code was taken against the petitioners and another.

(2.) The allegation in the complaint in brief, are that the petitioners and one other had tendered into the house and appertaining land belonging to the complainant and his brothers in which a tenant was living at the time of occurrence, thrice lastly on 11/8/1994 and had threatened the tenants for vacating the premises, also abusing him.

(3.) In this case enquiry was held under Section 202 of the Code and by the impugned order dated 5/9/1994 the learned lower Court holding that a prima facie case was made out under Sections 447 and 506 of the Penal Code, took cognizance of the offence and directed for issuance of summons to the accused.