RAJENDRA RAM @ RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the eight accused who are officials of the Government attached in various capacity with the Land Acquisition Office, Kosi Project, Darbhanga, have preferred this application for quashing of the order dated 25.11.2006 passed by Sri S.K. Singh, Judicial Magistrate, Madhubani, in Complaint Case No. 760 of 2006, whereby he has taken cognizance of offences under Sections 323/427/504 I.P.C. against the petitioners. One Mohammad Hasim, impleaded herein as O.P. No. 2, filed the aforesaid complaint on 31.7.2006 in respect of an occurrence which is said to have taken place at around 2.30 P.M. on 27.7.2006 inter alia stating that some lands of the complainant and his co -villagers had been acquired under the Kosi Project the compensation whereof was to be distributed between 27.7.2006 and 29.7.2006 and as per notice the complainant and other co -villagers had assembled at the venue, the Inspection Bungalow, Kosi Project at Sakri, between 10 -11 A.M. but none of the officials were present there. It is alleged that accused persons arrived at about 2.30 P.M. and when the complainant - enquired about the delay, petitioner no. 1 became angry and hurled abuses at him. The distribution work started at about 3 P.M. and as cheques were being prepared, petitioner nos. 2 and 3 conveyed to the complainant that since the Government jeep had gone out of order and they had to hire a private vehicle to reach the venue and thereby had entailed a cost of Rs. 1,000/ -, the cheques would be distributed only after each of them had paid Rs. 150/ -. It is further alleged that when the farmers refused to entertain the demand of the officials, the petitioner no. 1 directed to stop the work and when the complainant started making inquiries from the petitioners, petitioner nos. 1, 5 and 8, ordered to kick out the complainant from the venue following which the accused persons manhandled the complainant and threw him out of the venue as a result whereof his clothes were torn and the watch was also damaged causing a loss of Rs. 500/ - to the complainant.

(2.) IT appears that after holding an inquiry under Section 202 Cr.P.C. the learned Magistrate found a prima facie case to have been made out and took cognizance as stated above.

(3.) IT is also submitted that even if the allegations taken at their face value is accepted then the same was in discharge of official duty for which a previous sanction was a condition precedent before the cognizance could have been taken. In this connection, it was submitted that it would be apparent from perusal of the F.I.R. of Pandaul P.S. Case (Annexure -4) that it was much earlier in time and the complainant and his witnesses were figured as accused in that case which would only support the submission that the instant case is by way of a counter blast to subserve the police case. In this connection reference has been made to Annexure -5 which is the order sheet of the Special Land Acquisition Officer, Kosi Project from 26.5.2006 to 13.7.2006 whereby the date had been fixed for distributing the cheques to the landholders whose lands had been acquired.