SATENDRA SINGH @ DALDAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 16.05.2009 passed by the Judicial Magistrate, 2 nd class, Patna, in Complaint Case No.862-C of 2009 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Section(s) 379, 323, 504 Indian Penal Code.

(2.) Notice was issued to the Opposite Party No.2, which has validly been served upon the Opposite Party No.2, but none has appeared on behalf of the Opposite Party No.

(3.) Counsel for the petitioners submits that it is totally a civil dispute. First Appeal No.97 of 2002 as well as First Appeal No.349 of 2003 are pending between the parties. These petitioners have been falsely implicated in this case only because they have challenged the decree passed in T.S. No.384 of 1996 before this Hon'ble Court by filing First Appeal No.97 of 2002 and First Appeal No.349 of 200 The Complainant has alleged in the Complaint that the land, as mentioned in the Complaint Petition, was allotted in Final Decree prepared in T.S. No.384 of 1996 and his name has also been mutated. When the Complainant went to see the plot for harvesting lentil (Masoor) then he saw that the accused persons were taking away the crops. The Complainant asked the accused persons to stop cutting the crop. Then, accused persons abused and assaulted him.