BHAGWAN PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is one of the accused in Complaint Case No. 190C of 2003 has prayed for quashing of the order dated 25.1.2007 passed by Sri Deepak Kumar Sinha, Learned Presiding Judge, Fast Track Court No. II, Munger, in Cr. Revision No. 421 of 2004, whereby the revision against the cognizance order dated 12.8.2004 passed by the learned Chief Judicial Magistrate, Munger in Complaint Case No. 190C/2003 has been rejected. An additional prayer for quashing the order of cognizance dated 12.8.2004 has also been made. Uma Devi wife of Sudhir Sharma, impleaded herein as OP. No. 2, filed the aforesaid complaint inter a\ia stating that she has her own house and land in khesra nos. 1904, 1906, 1912 and khesra no. 1905 is adjacent to the said khesra and a civil dispute has arisen between the complainant and the petitfoner with regard to khesra no. 1905 in which a decree was passed.

(2.) The petitioner filed an execution case bearing no. 5 of 1988 to take possession over khesra no. 1905. and the complainant filed a Miscellaneous Case No. 13 of 2000 claiming that the decree cannot be executed as the petitioner has given wrong description and boundary in order to grab the lands of the complainant. It is also alleged that during the proceeding of Misc. Case No. 13 of 2000 the learned Munsif -I passed an order directing the Nazir to handover possession of khesra no. 1905 to the petitioner and the Nazir having gone to the lands in question reported that without any measurement of the land by a survey knowing pleader handing over the possession thereof to the petitioner was not possible. However, the learned Munsif directed for handing over of the possession of the land on the basis of given boundary of the land. It is further alleged that accused no. 10 Surendra Kishore Sinha in connivance with the petitioner reached Purabsarai at Shah Zubair Road More alongwith police force from Kotwali Police Station, five sons and son -in -law of the petitioner and peons of the Civil Court on 10.3.2003 at about 10.45 A.M. to take possession of the land allegedly without any order of the Court. It is also alleged that Nazir ordered the accused persons and the accomplices of the petitioner to vacate the house of the complainant situated in khesra nos. 1904, 1906 and 1912 and if they objected then they were to be looted. They even refused to heed the request of the husband of the complainant for measurement of khesra no. 1905 and allegedly tried to enter into the house of the complainant by force. It is also said that the Nazir ordered to set ablaze the shop, whereupon accused Chakradhar Poddar and Anant Poddar allegedly set the shop on fire whereafter the sons of the petitioner and peons of the Civil Court allegedly tried to take away almirah, chair, palang etc. worth Rs. 20,000/ - from the shop which was resisted by Sudhir Sharma, whereupon the son -in - law of the petitioner and his men in khaki allegedly started pelting stones and firing. Binod Poddar and Chakradhar Poddar allegedly inflicted blows on the head of Sudhir Sharma with a rod with an intention to kill him. They also threw many bombs, whereupon the police forcibly arrested Sudhir Sharma and the accused fled away with all goods of the shop. It is alleged that Akash Poddar got injured due to pelting of stones by the accused persons.

(3.) IT has been submitted on behalf of the petitioner that he is innocent and has committed no offence. It has also been submitted that he possesses a decree from a competent Court in respect of the concerned land bearing khesra no. 1905 but the complainant and her family members were bent upon not handing over the possession of the said lands to him, whereupon he had to file execution case and got an order of delivery of possession in his favour and when the petitioner alongwith the Nazir of Civil Court and other employees went to take possession over the concerned land with police force the complainant and her family members assembled and tried to forcibly obstruct the legal process by pelting stones and firing from a countrymade pistol, in course whereof the son of the petitioner and judgment debtor Sudhir Sharma sustained injury and the infuriated mob destroyed a room constructed on the decreed land and set it on fire and F.I.R. was lodged by the Nazir of the Civil Court bearing Kotwali P.S. Case No. 128 of 2003 under Sections 307, 435, 427. and other allied sections of the Penal Code and Section 27 of the Arms Act and this complaint case had been filed as a counter blast to the police case by the complainant to save their skin.