DINA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioners are accused in Case No. 1 (0) 88/ Trial No. 302 of 1991 under Section 188 of the Indian Penal Code (for short IPC) and their application for being discharged in the case, had been rejected by the learned Judicial Magistrate 2nd Class by his order dated 9-4-1991.

(3.) On the allegations made, it appear that a proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as the Code) was drawn in respect of 8 decimals of land of plot No. 1002 by the Sub Divisional Magistrate at the instance of one co-villager Ram Chandra Prasad (O.P. No. 2) against the petitioners. It was further alleged that the petitioners came over the disputed plot on 18-3-1986 at 8 a.m. and took away bundles of Dhania crops worth Rs. 50/- despite the protest by the said Ram Chandra Prasad on whose prayer, learned Sub-Divisional Magistrate filed a complaint for the prosecution of the petitioners under Section 188 of the Code and the learned Judicial Magistrate refused to discharge the petitioners in the case.