SACHIDANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) INITIALLY the present application was filed on behalf of three petitioners. During pendency of the petition before this Court, the petitioner No.3 died on 23.3.2008. An affidavit in this regard was filed and thus by order dated 22.4.2009, the name of petitioner No.3 Satyadeo Prasad Keshri was deleted. The petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) have prayed for quashing of the order dated 17.1.2007 passed by leaned Sub-divisional Judicial Magistrate, Bikramganj, Rohtas (Sasaram) in complaint Case No. 151 of 2006 by which finding a prima facie case to be made out under Section 380 of the Indian Penal Code, they were summoned to face trial.

(2.) IT is stated that initially a complaint was filed by the Opposite Party No. 2 in the Court of learned Sub-divisional Judicial Magistrate, Bikramganj, Rohtas (Sasaram). The court referred the complaint to the police to register F.I.R. and investigate the case in exercise of powers conferred under Section 156(3) of the Code. Accordingly, Dawat P.S. Case No. 6 of 2005 was registered under Sections 380, 420, and 120B of the Indian Penal Code against the petitioners and investigation was taken up. In the F.I.R. it was alleged that the informant was grand son of late Pandit Jagnarain Dubey who donated 60 bighas of land for establishing a school and constituting a trust. Certain development work was going on in the school from the development fund departmentally through the Contractor who is also the clerk of the school. While executing the work, some old constructions were demolished out of which costly materials like wood logs etc. were extracted for selling in auction in the school premises. The accused persons by entering into a conspiracy stealthily removed the wood logs etc. causing loss to the school. The accused persons carried those wood logs and other materials on tractor and one of the witnesses communicated to the family members of the donor, on which the informant along with others went to the school and found that the wood logs were loaded on a tractor and the accused persons were following it. When it was asked from the accused persons as to whether the wood logs were being taken without auction sale, they replied that the informant had no business to ask such question as he was not concerned with the school in question since the school was already nationalized. In the end, the informant has alleged that with a view to misappropriate the property of the school he was ousted from the development committee of the school and thereafter the accused persons in conspiracy with each other committed theft of wood logs from the school and carried the same on a tractor.

(3.) ON behalf of the Opposite Party No.2 a counter affidavit has been filed in this case and it has been contended therein that his ancestor namely, Jag Narayan Dubey had donated 60 bighas of land situated in Mouza Koath Jubni and established Jag Narayan Ucch Vidyalaya, about 80-90 years ago. The property donated by the ancestor of Opposite Party No.2 was being looted and the petitioners were committing theft and misappropriating the property of the school and as such the Opposite Party No.2 was compelled to institute the case. The local police in collusion with the petitioners submitted a final report.