BIPAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed for quashing the order dated 18.12.1982 passed by the Judicial Magistrte, Ist Class, Patna, in Complaint Case No. 170 C of 1982, taking cognizance of the offence under sections 147, 148 and 379 of the Indian Penal Code against the accused- petitioners and also the order dated 19.09.1985, passed by Judicial Magistrate, 1 st Class, Patna, framing charge against the accused-petitioners under sections 148 and 379 of the Indian Penal Code against the accused-petitioners no. 2 and 3, namely, Bijedra Singh and Rajeshwar Singh and under sections 147 and 379 of the Indian Penal Code against the rest accusedpetitioners. A prayer has also been made to quash the entire proceeding arising out of the aforesaid complaint case.

(2.) The learned counsel appearing on behalf of petitioners submits that 54 decimals of Plot No. 1369 of Khata No. 183 has been purchased by the petitioners by two separate sale deeds and, accordingly, the name of the petitioner no. 1 has been entered in Register-2, for which, the revenue receipts are being issued in favour of accused-petitioner no. 1. As such, the opposite party no. 2 with oblique motive has filed the false complaint case only to harass the accused- petitioners and, even if, the allegation as made in the complaint petition is taken to be true, the dispute appears to be civil in nature.

(3.) On the other hand, learned counsel appearing on behalf of opposite party no. 2 made submission that now in the case, the evidence has been closed and the case is pending for argument.