PRAHLAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code') for quashing the cognizance taken on 20th November, 1975 by the Chief Judicial Magistrate, Muzaffarpur in Suit no. C/6 of 1975/Tr. No. 554 of 1975.

(2.) Briefly stated, the case is that a proceeding under section 144 of the Code was pending the Court of Sub-divisional Officer, Muzaffarpur between Chalitar Mahto and the two petitioners here. Chalitar Mahto was first party there and the petitioners were the second party. The number of the case was Miscellaneous Case No. 133 of 1971. The notice had been issued in February, 1971 itself. That proceeding had been started on the report of Shri Kedar Nath Jha, who was the Mukhiya of Narauli Gram Panchyat, It may be mentioned here that Chalitar Mahto was the Sarpanch and the cause for initiating the proceeding was the dispute about some land. In the proceeding, the first party, namely, Chalitar Mahto took a plea that the report of the Mukhiya was forged. The Mukhiya had also sworn an affidavit to that effect, but that had not been filed in that proceeding. A copy of the affidavit has been annexed as Annexure 2 to this petition. Any way, the case ended in favour of the first party, namely, Chalitar Mahto, on 10.4.1971 (vide order Annexure 3 to the petition).

(3.) Basing his claim on the order in the proceeding under section 144 of the Code, one Narayan Mahto filed a petition before the Circle Officer, Mushahari on 8.12.1971 for mutation of his name in the record of the State saying that the proceeding Case No. 133 of 1971 had been decided in his favour on basis of the report of Shri Kedarnath Jha, Mukhiya, vide application (Annexure 4) to this petition. The relationship between Narayan Mahto and Chalitar Mahto is not clear from the record, but since the proceeding under section 144 of the Code I had ended in favour of Chalitar Mahto it can be safely presumed that they were close relations.