JAMUNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case has been referred by a learned Single Judge to Division Bench for consideration of the point involved as to whether a complaint by a party can legally initiate a criminal case and cognizance be taken when at the time of committing of the alleged offence relating to certain property, was involved in a proceeding under S.144 of the Cri.P.C. (hereinafter to be referred to as the Code). Connected with this, another question involved is whether any complaint will be the exclusive jurisdiction of the court concerned with the proceeding u/s.144 of the Code and only on the basis of a complaint filed under S.195(1) of the Code.

(2.) This application is directed against the order of cognizance dated 3-9-1980 for its quashing passed in C.R. Case No.1861 of 1979 arising out of Govindganj P.S. Case No.2(11) 79 by which cognizance has been taken for the offences under Ss.147, 148, 379 and 427 of the I.P.C. against the petitioners.

(3.) The petition of complaint giving rise to the impugned order of cognizance was filed on 30-10-1979 by opposite party No.2 Rama Sahni. A petition of complaint was filed against the petitioners including seven others whom the complainant claims to identify when shown. According to the allegations the complainant had taken Jalkar in settlement situated in Beraria Tola Musaha from Radhakant Pandey, Sheokant Pandey and Bhikhari Pandey. The said Jalkar related to Khata No.663, Khasra No.392 having an area of 3 bighas and the settlement was for a period from 24-8-1979 to 24-8-1980 on payment of Rs. 100/- by virtue of a Patta and since thereafter he had been coming in peaceful possession of the same. The complainant had fixed Chilwan and Bari for the fishing operation. On the date of occurrence i.e. on 29-10-1979 at about 4 P.M. when the complainant had gone to inspect the Bari, he could find that the petitioners (accused) and some others differently armed with lathi, Bhala were damaging the Bari and were breaking it. The complainant asked them to refrain from such illegal act upon which the petitioners (accused) became ready to assault him and had told him that if the complainant would come near the Bari he will be severely assaulted. On the hulla raised by the complainant witnesses had gathered and they had seen the occurrence. The petitioners had caused damage to the properties worth Rs. 500/- and had also carried away fish worth about Rs. 360/-.