LAXMI DEVI Vs. STATE OF BIHAR; MAHENDRA PASWAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Opposite Party No.2.

(2.) By way of present application under Section 482 of the Code of Criminal Procedure (For short "Cr. P.C."), the petitioner seeks quashing of the order dated 27.10.2014, passed in Criminal Revision No. 470 of 2013 by the learned Ad hoc Additional District & Sessions Judge-IV, Darbhanga, whereby and whereunder he has dismissed the revision preferred against the order dated 14.08.2013, passed by the learned Judicial Magistrate- 1st Class, Darbhanga in Complaint Case No. 252 of 2013, whereby and whereunder learned Judicial Magistrate took cognizance of the offences punishable under Sections 323, 427, 379 of the Indian Penal Code (For short "IPC") and summoned the petitioner and others to face trial.

(3.) The Opposite Party No. 2 has alleged in the complaint that a plot measuring 15 decimals pertaining to Khata No. 387, Khesra Nos. 5088 and 5083 in village-Kamtaul, DistrictDarbhanga, stands in the name of his grandfather Desai Dom. One of the accused namely, Vinod Paswan, always used to ask him to sell the said land, but he refused. The petitioner, being Sarpanch of the Gram Panchayat, Kamtaul, registered a false case that is Gram Panchayat Case No. 33 of 2012 dated 13.05.2012 and in that case, order was passed in favour of one of the accused Vinod Paswan. He has further alleged that on 18.07.2012 at about 04:00 P.M. when he went to the said land then all the accused persons abused him and also assaulted him with fists and accused Vinod Paswan took away Rs.4000/- from his pocket.