MANORANJAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the F.I.R. named accused of Samastipur Town (Muffasil) P.S. Case No. 536 of 2006 have preferred this application for quashing of the entire criminal proceeding arising therefrom including the F.I.R.

(2.) The aforesaid case was registered under Sections 353, 186/34 I.P.C. on the written report submitted by one Bijay Kumar Singh, Executive Engineer, R.E.O., Works Division, Rosera, impleaded herein as O.P. No. 2, stating therein that the office of the Rural Engineering Organization, Works Division, Samastipur, Camp Rosera was operating on rent in the ground floor of the residential house of the petitioner's mother. As per assurances given by the State Government, the office was to be shifted from Samastipur to Rosera. It is said that on 9.10.2006 some of the office articles were removed by truck by the Sub Divisional Officer, Rosera, to his office premises. It is alleged that when the informant with staff went to the office at about 11 A.M. on 25.10.2006 to remove the remaining articles the two petitioners who are the sons of the landlady created hindrance in taking away government property and documents from the office. Accordingly a prayer was made to the Officer Incharge, Samastipur (Muffasil) P.S. to get the remaining articles of the office shifted under police protection and to take action against the guilty persons.

(3.) It has been submitted on behalf of the petitioners that apparently the F.I.R. is antedated which can be deduced from the fact that whereas the police case was purportedly registered on 25.10.2006 for the occurrence of the same day but the same does not appear to have been sent to the learned Chief Judicial Magistrate till 30.10.2006 obviously with a view to harass the petitioners by way of false implication in the false case.