BINOD PRASAD SINGH @ BINOD SINGH S/O SRI TARA PRASAD SINGH, RESIDENT OF VILLAGE AND P.O. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Harendra Kumar Tiwary, learned counsel for the petitioners, Mr. Arun Kumar Tiwary, learned counsel duly assisted by Mr. Mritunjay Kumar, Advocate on Record and Mr. Rajendra Singh Shastri, learned Additional Public Prosecutor for the State.

(2.) By way of the present application preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (for short CrPC), the petitioners seek quashing of the order dated 12.11.2014 passed by the learned Additional Sessions Judge, II, Khagaria in Cr. Revision No. 76 of 2013, whereby and where under the revisional court has set aside the order dated 26.08.2013 passed by the learned Magistrate in exercise of power conferred under Sec. 203 of the Crimial P.C. in Complaint Case No. 384 C of 2011.

(3.) The petitioners were named in the Complaint Case No. 384 C of 2011 as accused along with six others. The aforesaid complaint was filed by opposite party no. 2 Md. Usman on 16th May, 2011 for an occurrence which took place on 13.05.2011 at about 2 p.m. It is alleged in the complaint that when the complainant was present on his field, the accused persons being variously armed with pistol came to his field and upon order of accused no. 8 Sudhir Singh, the Officer-in-Charge of Beldaur Police Station, Khagaria, they started harvesting the wheat and maize crop on the field. It is also alleged that accused no. 1 to 5, namely, Sonu Singh, Sunil Singh, Kishore Singh, Binod Singh and Navin Singh tied his hands and thrashed him on the ground. They harvested 200 maund of wheat crop and 50 mound of maize crop standing over 7 Bigahas of land of the complainant as detailed in the complaint petition and they loaded the harvested crop on a tractor and went away. It is further alleged in the complaint that after the accused persons left the place, the witnesses present at the place of occurrence untied the hands of the complainant. In the complaint petition, one Maheshwar Yadav and one Manohar Muni were named as witnesses to the occurrence.