KAMAL KISHORE AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the 16 accused of Bahadurganj P.S. Case No. 26 of 2006 in which final form was submitted against them by the police and subsequently was proceeding on the protest petition as Complaint Case No. C176 of 2006 are aggrieved by order dated 6.12.2006 passed therein by the learned Chief Judicial Magistrate, Kishanganj, whereby he has taken cognizance against them under Sections 147, 149, 323, 341, 380, 427, 448 I.P.C. and have prayed for quashing of the same.

(2.) ONE Md. Gulab Naddaf, impleaded as O.P. No. 2, filed a complaint before the learned Chief Judicial Magistrate, Kishanganj on 5.12.2004 bearing Complaint Case No. C -1395 of 2005 inter alia alleging commission of offences under Sections 341,323,147,379,380/34 I.P.C. at the hands of the petitioners and the learned Magistrate having sent the same to the concerned police station under Section 156(3) Cr.P.C. Bahadurganj P.S. Case No. 26 of 2005 came to be registered. It was alleged that on 21.12.2004 at about 9 A.M. all the accused persons assembled with lathi, farsa, garasa and revolver in front of the shop of the informant and asked him to vacate the same as also the other shops given to tenants on rent. The informant is said to have remonstrated since all the shops were located on his lands whereupon all the accused persons in a fit of rage started hurling abuses and assaulted the informant with slaps and fists and amongst them accused Kamal Kishore Agrawal gave orders to loot the informant 'sshop and to see to it that all the other shops were also vacated. Accused Mukhtar is alleged to have put his revolver on the chest of the informant and threatened to kill if he moved. The accused persons are said to have entered into the tenanted shops of Mazdool, Shivcharan Sharma and Sunil Sharma and resorted to destruction and loot of the articles stored therein. They also damaged property and looted 18 corrugated sheets used as roof and while departing set fire to the eastern most tenanted shop which was later on doused and there was a total loss of Rs. 40,000/ - due to the accused resorting to vandalism. It is further said that accused Kamal Kishore Agrawal is an affluent person and in connivance with the police and on strength of money power had caused the incident. It is also alleged that a Panchayati in the village in this regard was scheduled to be held on 27.12.2004 wherein the accused persons did not participate. In was only to see the result of the Panchayati that the delay had been caused in filing the complaint. It appears that the police after due investigation submitted final form on 12.7.2005 saying that there was land dispute between the parties which was pending in the Court.

(3.) AS stated above earlier, the protest petition by the informant was taken up as a complaint case and after the recording of the statement of the complainant on S.A., three witnesses were examined on behalf of the complainant and on consideration of the materials available on record by order dated 19.10.2006 the learned Chief Judicial Magistrate, Kishanganj, directed the complainant to produce witnesses Shivcharan Sharma, Sunil Sharma: two alleged tenants of the shops said to have been looted and also to produce basgit parcha alongwith rent receipts relating to the P.O. lands and eventually by order dated 6.12.2006 cognizance as stated above was taken.