TARKESHWAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are aggrieved by order dated 25.4.2011 passed by the learned Judicial Magistrate, 1st Class in Complaint Case No. 775(C) of 2008 whereby the prayer made on behalf of the petitioners under Section 245 has been refused. The opposite party No. 2 had lodged a complaint against the petitioners alleging acts of vandalism on a plot of land. A vague, general and omnibus allegation was levelled in the complaint petition with respect to damaging and uprooting the crops and assault, on protest, by the opposite party No. 2.

(2.) Learned counsel for the petitioners submits that the O.P. No. 2 is close agnate of the petitioners and ever since there was a dispute over a plot of land, has been harassing them by lodging false cases. Counsel further draws the attention of this Court with respect to an earlier complaint lodged by the O.P. No. 2, which was dismissed under Section 203 of the Code of Criminal Procedure. Similarly another complaint, at the instance of O.P. No. 2, was quashed by this Court vide order dated 22.11.2013 (Annexure-8 to the supplementary affidavit). It is further submitted by the learned counsel for the petitioners that O.P. No. 2 is a co-sharer. By virtue of a decree passed in Title Suit No. 186 of 1977 the share of the petitioners was earmarked. Necessary orders were also passed in the execution case with respect to the decree aforesaid.

(3.) Learned counsel for the opposite party No. 2 appears and contests the submissions made on behalf of the petitioners. It is submitted by him that the offences are against the human body and the correctness of the same can be tested in the trial.