GAYA KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Under chalenge in this petition under Section 482 of the Code of Criminal Procedure is the order dated 13-2-1992 passed by the Chief Judicial Magistrate, Patna in Dhanarua Police Station N.F.I.R. No. 1/92, whereby he took cognizance for the offence under Section 427 of the Indian Penal Code against the petitioner as also the entire criminal prosecution of the petitioner resting thereon.

(2.) It appears that Abhiram Sharma, Opposite party No. 2 gave written report to the police alleging therein that on 29-1-1992 at about 4.30 a.m. while he was proceeding towards Pabheri More he saw the petitioner along with others uprooting his Masoor crop. The Informant asked the accused not to uproot his crop, whereupon they all threatened to kill him. On the basis of aforesaid report Sanha entry No. 625 dated 29-1-1992 was made in the Police Station. It further appears that Sub-Inspector Jai Narain visited the place of occurrence and suo motu sent report (Annexure-2) to the Court of Chief Judicial Magistrate and treating the same to be a complaint petition, the Chief Judicial Magistrate took cognizance for offence under Section 427 IPC against the petitioner.

(3.) I have heard the learned counsel for the parties and have perused the records with their assistance.