SUDHANSHU BHUSHAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application under sec. 482 Cr.RC. has been filed to quash the order of cognizance dated 7.2.2005 passed by Sri R.K.P. Bharti, Judicial Magistrate, 1st Class, Jhanjharpur in CR. No. 728 of 2003, Trial No. 1950 of .2005 as well as its revisional order dated 26.6.2006 passed by Sri B.N. Pandey, Additional Sessions Judge -I, Madhubani in Cr. Revision No. 35 of 2005 as also entire criminal proceeding.

(3.) THE relevant facts which give rise to this application are that one Lallu Yadav and Pavitra Yadav, arrayed as accused nos. 1 and 2 in the complaint case, filed a petition on 15.7.2002 before the Court of S.D.O., Phulpras for correction of jamabandi in respect of land appertaining to Khata No. 319 situated in village Rajaura Math, P.S. Andhra Math, District Madhubani and also for directing the concerned officials to issue rent receipt in their name in respect of the above lands. The learned S.D.O. called for a report from the CO., Laukhi. The CO. after obtaining reports from concerned C.I. and Karamchari sent the same to S.D.O. vide Annexure -1. Thereafter, the learned S.D.O. issued notices to the complainant/opposite party no. 2 and others. The opposite party no. 2 appeared and filed show cause alongwith all papers concerning ftis title and possession over the land in question. However, the S.D.O., who is petitioner no. 1, vide order dated 25.1.2003 allowed the prayer of the accused nos. 1 and 2 and directed the CO., who is petitioner no. 2, to realise rent from the accused nos. 1 and 2 in respect of the lands claimed by them.