SHREEYEST NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated the 28th June, 1976 taking cognizance against the petitioners Under Sections 144 and 448 of the Indian Penal Code,1860

(2.) The short facts for the purpose of this application are as follows. Opposite party No. 2, Janki Saran Singh, is a Clerk in the Election Office of the Nalanda Collectorate and has been a tenant of the premises bearing holding No. 675, Ward No. 8/14 in Mahalla Garapar belonging to one Shreemahto for the last nine years. The said house was sold to petitioner No. 1 sometime in the month of February, 1976, and after that petitioner No. 1 wanted to get vacant possession by ousting the complainant opposite party. On the 24th April, 1976, while opposite party No. 2 was in the office, the petitioners along with others forcibly entered in the house and threw away the articles belonging to opposite party No. 2, and also the inmates of the house were removed. on these allegations a first information report was lodged the same day and investigation was taken up by the police, and it was endorsed to Sri S. Z. Akhtar, Assistant Sub-inspector of Police, by the Officer-in-charge of the police station. During the pendency of the application, it seems an application was filed by opposite party No. 2 before the Sub-divisional Officer, Biharsharif, regarding his forcible eviction from the house, which was endorsed to Sri B. P. Sinha, Deputy Collector and Executive Magistrate, Biharsharif, and he submitted a report which has been filed as Annexure 1 to the counter-affidavit filed by opposite party No. 2, It seems that a case was also lodged by Rabindra Sharma which is a counter to the instant case and in which a final report was submitted by the police on the 15th May, 1976 that the case was absolutely false (vide Annexure 2 to the counter-affidavit) and the same was accepted by the Chief Judicial Magistrate, Nalanda, on the 6th February 1976 vide Annexure-3,

(3.) After investigation in the case lodged by opposite party No. 2, a charge- sheet was submitted by Sri Akhtar who had investigated the case. A copy of the same has been filed along with the main application (Annexure 2), in which it was held that the allegations made in the first information report lodged by opposite party No. 2 were found to be true and, therefore, charge-sheet was submitted Under Sections 144 and 448 of the Penal Code. On receipt of the said charge-sheet, the Additional Chief Judicial Magistrate, Biharsharif, Nalanda took cognizance Under Sections 448 and 144 of the Penal Code and transferred the case to the file of Sri T. Pathak, Judicial Magistrate, 1st class, Biharsharif, for disposal, being aggrieved by this order, the petitioners have moved this Court for quashing.