VINAY 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 11.01.2013 passed by the Chief Judicial Magistrate, Buxar, in G.R. No.745 of 2012/Tr. No.2726 of 2013 arising out of Buxar (M) P.S. Case No.81 of 2012 by which the learned Magistrate has taken cognizance against the petitioners for the offence under Section(s) 143, 379, 506 Indian Penal Code.

(2.) Counsel for the petitioners has submitted that proceeding under Section 144 Cr. P. C. is going on between the Complainant's father-in-law, Bankteshwar Singh, and the accusedpetitioners for the same plot. Aforesaid proceeding under Section 144 Cr. P. C. was converted into 145 Cr. P. C. by order dated 04.06.2013 and possession of the parties over the disputed land is to be decided in the proceeding.

(3.) Counsel for the petitioners has further submitted that the Complainant has made claim over the aforesaid land on the basis of the order passed by the Permanent Lok Adalat on the basis of compromise. Aforesaid order of Permanent Lok Adalat was passed in Pre Litigation Case No.239 of 2011 on 18.11.2011. Aforesaid order was challenged by the petitioner no.1 before the Hon'ble High Court in CWJC No.12276 of 2012. The Hon'ble Court by order dated 01.07.2013 has stayed the order dated 18.11.2011 passed by the Permanent Lok Adalat. Counsel for the petitioners has further submitted that after challenging the award of the Permanent Lok Adalat, petitioners have also filed Title Suit being Title Suit No.590 of 2012 before the Sub Judge, 1st, Buxar, which is still pending.