LAWS(PAT)-1995-12-70

RAJ MANGAL SINGH Vs. STATE OF BIHAR

Decided On December 22, 1995
Raj Mangal Singh And Ors. Appellant
V/S
STATE OF BIHAR AND ANR. Respondents

JUDGEMENT

(1.) The order taking cognizance dated 24.2.1995 under various sections of the Penal Code is being impugned in this application under Section 482 Cr. P.C. A prayer has also made to quash all subsequent proceedings against the petitioners.

(2.) The opposite party No. 2 lodged an FIR alleging, inter alia, that the petitioners alongwith 50-60 persons forming an unlawful assembly armed with lethal weapons, including fire arms, illegally trespassed into the house of the informant. Their main intention was to disclose the informant from his possession from the house and landed property. While entering the premises, they also resorted to fire and forcibly looted household goods of the informant namely Sankar Prasad. One Laloo Babu was assaulted when he tried to resist. The occurrence, it is further alleged, took place in presence of the police personnel, who were posted at the place of occurrence for protection to the informant. Named witnesses had seen the occurrence.

(3.) On the basis of aforesaid FIR, Dhanbad P.S. Case No. 564/86 was registered under Sections 147, 148, 149, 323, 447 and 380 of the Indian Penal Code read with Section 27 of the Arms Act and the police started investigation. However, after completion of the investigation, final report under Section 173 of the Code was submitted on 31.7.1987 indicating that the allegation made in the FIR was out and out a civil dispute. On 13.4.1988 the said report was received in the court of CJM.