HARE RAM CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Revision Application is directed against the order dated 2 -2 -1991 passed by Judicial Magistrate, 1st Class Darbhanga in T. R. No 84 of 1991/G. R. No. 867 of 1984 by which the learned Magistrate has rejected the application of the petitioners under Section 239 of the Code of Criminal Procedure (hereinafter referred to as the Code) for discharge.

(2.) IT appears that Opposite Party No.2, the informant, lodged a written report on 3rd April, 1989 at Sakatpur Police Station. Abstract of the First Information Report has been filed as Annexure -1 to the application. It has been stated in the said report that the informant is in possession of Plot No. 425 at village Tardih and he had raised Arhar crops on the same. It has been alleged that the petitioner variously armed came at the said plot where the employee of the informant Baidyanath Mandal was getting the harvested Arhar tied into bundles. It is alleged that the petitioner No. 1 Hare Ram Choudhary asked Baidyanath Mandal not to tie harvested Arhar crop into bundles and when Baidyanath Mandal did not pay heed to it Hare Ram Choudhary fired from pistol but Baidyanath Mandal escaped and ran away up to some distance. It is further alleged that the petitioner took away about 40 bundles of Arhar worth Rs. 500/ -.

(3.) POLICE , after investigation, submitted charge sheet against the petitioners. The petitioners moved an application under section 239 of the Code for discharge on the ground that Plot No. 445 had been purchased by the petitioners from Uttim Sundari Thakurain in October, 1983 and since then they are continuing in possession thereof. The learned Magistrate, after considering the evidence collected during investigation, found that there was no ground to discharge the petitioners and accordingly he rejected the application of the petitioners.