DR. RIPUSUDAN SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three petitioners are accused in Complaint Case No.1397 of 2016 filed by the private respondent no.4 Kumod Chaudhary @ Kamod Chaudhary. The petitioners have invoked writ jurisdiction of this Court to quash the order dated 29.06.2016 passed by Smt. Rashmi, ACJM-IV, Muzaffarpur in the aforesaid complaint case, whereby she has directed institution of a police case under Sec. 156(3) Crimial P.C.

(2.) The challenge is on the ground that the impugned order suffers from non-application of judicial mind, inasmuch as the court below ignored that the petitioners who are former Vice-Chancellor of B.N. Mandal University, Retired Professor and Head of Department of Hindi, Bihar University, Muzaffarpur and Sr. IAS Officer would commit theft of wood by cutting and felling from the land of complainant and on forbade by the informant they would commit assault with an intention to commit murder of the complainant.

(3.) Submission of the petitioners is that co-accused Vijay Kumar Thakur had executed a registered sale deed dated 5.3.2012 in favour of petitioner Dr. Kavita Verma selling away 9 kathas and 12 dhurs of plot no.1272 under khata no.14 in village Rampur Kishuni @ Repura, P.S.-Sakara, District-Muzaffarpur from which land allegation of theft has been levelled in the complaint petition allegedly to be committed on 1.6.2016. Submission is that the complaint suffers from malafide intention and allowing the criminal prosecution would amount to abuse of the process of the Court.