ABDUI KAIUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 23.6.2007 passed in Complaint Case No. 147C of 2007 by the Court of Sri A.K. Shukia, Judicial Magistrate, First Class, Birpur, summoning the accused, named in the complaint petition, including the petitioners, finding prima facie case under Sections 420, 147, 323, 379 and 468 of the Indian Penal Code. A prayer has also been made to quash the entire criminal proceeding, arising out of the aforesaid complaint case, against the petitioners.

(2.) In brief, the case is that the opposite party no. 2, Nabi Hassan, filed the complaint petition, numbered as Complaint Case No. 147C of 2007, against the accused, named in the complaint petition, including the petitioners in the Court of the Sub-Divisional Judicial Magistrate, Birpur (Supaul), alleging therein that on constructing the house on the land of Plot Nos. 8385 and 8346 of Khata No. 201 of village-Bhawanipur, Tola-Pratapganj, which was acquired by his father, Md. Ishaque, he is residing there. His other brothers used to reside at their native Village-Bhagwatpur. On 24.4.2007 in the day hours, he was talking at his house with Shubhak Lai Paswan and Md. Shamim, who had come from his native Village-Bhagwatpur. In the meantime, all the accused, named in the complaint petition, including the petitioners armed with weap- ons reached there and started to abuse and assault him. In that course, they also damaged the thatched boundary wall of the house. At that time, accused no. 1, Tara Nand Sah, snatched a wrist watch worth Rs. 800/- from his hand whereas the accused no. 2, Badri Sah, snatched Rs. 600/- from his pocket and the accused no. 3, Sampat Sah, took the utensils and clothes. Thereafter, all the accused moved from there giving threatening to him for dire consequences in case of making the complaint regarding the aforesaid occurrence to anyone. The opposite party no. 2 further alleged that the accused-petitioner nos. 1 to 3, namely, Abdul Kaium, Md. Ayub and Mohammad Hassan, are his own brothers, who, under conspiracy, sold the aforesaid land of his father and also of his minor brothers to the other accused, named in the complaint petition, in which the main role was of the accused-petitioner no. 4, Md. Tayyab. His father, in his lifetime in the year 1972 through registered deed of gift nos. 2858/72, 2859/72 and 2866/72, had given the land to his sons according to their shares except the lands of Village-Bhawanipur, Tola-Pratapganj, which was kept with him for his other minor sons, which was also accepted by the accused-petitioner nos. 1 to 3 vide registered agreement no. 5377/75. The opposite party no. 2 further alleged that before two months, when he came to know about executing the sale deed by the accused petitioner nos. 1 to 3, then he contacted to accused-petitioner nos. 1 to 3 and other accused, who are vendees, and made complaint but they did not pay any heed.

(3.) After filing of the complaint petition by the opposite party no. 2, Nabi Hassan, on inquiry under Section 202 of the Code of Criminal Procedure, the Court of Sri A.K. Shukla, Judicial Magistrate, First Class, Birpur, summoned all the accused, named in the complaint petition, including the petitioners, finding prima facie case under Sections 420, 147, 323, 379 and 468 of the Indian Penal Code through the impugned order dated 23.6.2007.