ISHWAR CHANDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Revision Petition has been preferred by the petitioner against the Appellate Judgment dtd. 18/9/2018 passed by learned Additional Sessions Judge-Ist, Gopalganj in Criminal Appeal No. 06 of 2018, whereby learned Sessions Court has allowed the appeal setting aside the judgment of conviction and order of sentence dtd. 18/12/2017 passed by learned Additional Chief Judicial Magistrate-XVI, Gopalganj in G.C No. 11 of 2008 corresponding to Trial No. 584 of 2017, whereby learned Trial Court had found the Opposite Party No.2/Bachcha Pandey guilty under Sec. 193 of the Indian Penal Code and had acquitted him of the charges under Sec. 420 and 466 of the Indian Penal Code.

(2.) The brief facts of the case is that there was a title suit bearing no. 71 of 1968 in the Civil Court, Gopalganj in regard to the land in question. In that suit, there was decree in favour of the petitioner herein and in pursuance of the decree, delivery of possession was to be made on 24/11/2007. Even civil appeal bearing no. 27 of 2007 was filed by the Opposite Party no.2 herein in the District Civil Court, but stay sought by the Opposite Party No.2 herein in the said appeal against the petitioner herein was not granted. It further transpires that just two days prior to the date fixed for delivery of possession in favour of the petitioner, the Opposite Party No.2 herein preferred one petition before learned S.D.M. for preventive measure alleging that the petitioner herein was bent upon to make construction over the land in question, which might result into breach of public peace. In pursuance of the petition before learned S.D.M, leanred S.D.M had directed status quo to be maintained on the landed property in question. However, it came to the notice of learned S.D.M that the delivery of possession was already to be made in favour of the petitioner herein. Hence, he vacated his order regarding the status quo and set up an inquiry into the statement made by the Opposite Party No.2 in his petition before him, and, hence, after inquiry report of the Circle Officer, he directed lodging of complaint under Sec. 420, 466 and 193 of the Indian Penal Code.

(3.) In pursuance of the complaint lodged, trial started before learned Judicial Magistrate and Opposite Party No.2 herein was found to be guilty under Sec. 193 of the Indian Penal Code, but was acquitted of charges under Sec. 420 and 466 of the Indian Penal Code. Even conviction under Sec. 193 IPC was set aside by learned Appellate Court in Criminal Appeal No. 06 of 2018 filed by the Opposite Party No.2 herein, and, hence, the petitioner, being aggrieved, has preferred the present Revision Petition.