BACHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. by the sole accused against whom cognizance has been taken in Complaint Case No. CA 505/2006, by Sri R.S. Tiwary, the learned Chief Judicial Magistrate, Katihar, by order dated 11.4.2007, is for the quashing of the said order on the ground that the nature of issue raised therein happens to be absolutely civil and can be thrashed in a civil proceeding.

(2.) IT is unfortunate that notwithstanding the Hon ble Apex Court as also this Court repeatedly and times without number deprecating and discouraging efforts of litigants to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution, litigants still continue to resort to the same and the Subordinate Courts entertaining them unabated. The factual matrix may be noticed briefly. The complainant, one Sanjay Singh @ Pintu Singh, son of Onkar Nath Singh, impleaded herein as O.P. No. 2, preferred the aforesaid complaint against the petitioner and his father on 18.3.2006, inter alia stating that his family has been residing in a house constructed over a part of plot no. 1684, khata no. 417 in Mauza Mirchaibari, since the past 50 -60 years and that whereas the land in question was recorded in C.S. Khatian as Gair Mazarua land, in the R.S. Khatian it is recorded in the name of Manti Devi, the daughter of Fekhan Sah, who allegedly as representative of the landowner was receiving land rent since long from the complainant and his ancestors and later having received full consideration amount for the said land had promised to execute a registered sale deed in favour of the complainant. It is alleged that in February, 1992 the petitioner herein having come to know about the real owner of the land, representing himself as the son of Kewal Singh, by caste a Rajput, filed Eviction Title Suit in the Civil Courts at Katihar against the father of the complainant and the father of the complainant alongwith Manti Singh, allegedly the real owner of the land in question, filed Title Suit No. 108 of 2002 wherein the petitioner herein appeared and in the written statement filed by him claimed himself to be the son of Ulfat Singh, by caste a Swarnakar.

(3.) IT is also alleged that accused no. 1 is a cheat and fraud and he in the year 1985 cheated complainant 's witness, Charu Sharma, by executing a registered sale deed wherein the petitioner herein was shown as son of late Kumar Singh, by caste a Rajput, and even prior thereto, in the year 1975, after receiving a sum of Rs. 3,000/ - from Usha Singh, the aunt of the complainant, a sale deed was executed in respect of 41/4 kathas of land appertaining to khata no. 158, khesra no. 1684 wherein the petitioner claimed himself as the son of Kewal Singh, by caste a Rajput. It is also alleged that accused no. 1 in execution of a criminal conspiracy filed Title Suit No. 109 of 2002 wherein the petitioner was described as the son of Ulfat Singh, by caste a Swarnakar. The further allegation is that on 3.3.2006 in course of hearing the petitioner was confronted by the Judge regarding his correct parentage and caste and after court hours accused no. 1 threatened and abused the complainant and his father and in the evening the petitioner threatened the complainant at the point of his gun with death. It is also alleged that both the accused run a jewellery shop wherefrom they indulge in cheating innocent people. It is said that on 17.3.2006, the accused persons with the help of 2 -3 unknown criminals had planned of dire consequences for the complainant and when the people of the locality were informed the accused abused and threatened him.