NABIN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners seek quashing of the order dated 21.01.2014 passed by the Judicial Magistrate, Khagaria in Complaint Case No. 467 (C) of 2013 whereunder cognizance of the offence under Sections 323, 380, 448/34 of the Indian Penal Code was taken against the petitioners.

(2.) The facts, in brief, is that the O.P. No. 2 filed a complaint case on the file of C.J.M., Khagaria alleging inter alia that on 25.04.2013, he got informant on mobile that all the accuseds persons (petitioners) entered into his house situating at Chandi Tola after breaking the lock and took away his belongings worth Rs. 5 lacs.

(3.) The learned counsel for the petitioners submits that the O.P. No. 2 has not come with clean hand. The petitioner nos. 1, 3 and 4 are full brothers and petitioner nos. 5 and 6 are full sisters of the complainant. The petitioner no. 2 is the wife of the petitioner no. 1 and the petitioner no. 7 is the husband of the petitioner no. 6. All the petitioners reside at different place and on the date of alleged occurrence, none of them were present in the Village. The petitioner no. 1 is an employee as a pharmacist in the clinic of a doctor. The petitioner no. 2 is the wife of petitioner no. 1 and lives with him. The petitioner no. 2 after completed his school education from Sainik School Tilaiya, Hazaribagh and got degree of Bachelor of Engineering from B.I.T. MESRA and Master of Business Administration from I.I.T. Mumbai and on the alleged date of occurrence, he was present in his office namely, Ramky Enviro Engineers Limited at Hyderabad. The petitioner no. 4 got a degree in B. Tech (Mechanical) from I.I.T Kanpur and further M. Tech from I.I.T. Kanpur and on the alleged date of occurrence, he was working at Kanpur. The petitioner no. 5 is a practicing advocate and on the alleged date of occurrence, she was attending a meeting at District Advocate Association, Saharsa. The petitioner no. 7 is a teacher in Kendriya Vidyalaya, Kankarbagh Patna and on the date of alleged occurrence, he along with his wife (petitioner no. 6) was in Patna in connection with his duty. He further submits that the petitioner no. 5, who is the full sister of the complainant, filed two Civil Suits bearing Title Suit No. 122 of 2009 and Partition Suit No. 205 of 2009 against the O.P. No. 2 (complainant). The petitioners and complainant are descendants of common ancestor and they all are in joint possession of their ancestral house and landed property. The ancestral house is being claimed by the complainant as exclusive property. The complainant claims the said house by virtue of a gift deed which was executed by his mother. The petitioners reside at different place and it was not possible for anyone to indulge in such occurrence. The house, in question, is in joint possession of the petitioners and so the question of breaking lock does not arise. The allegation of taking away articles worth Rs. 5 lacs has been cooked up for making the offence grave. The complainant resides at Khagaria and it is not supposed that he would keep the valuable articles at the Village home which is in a dilapidated condition. The case has been filed only to harass the petitioners so that, they may surrender their interest in favour of the complainant.