MOHAMMAD ENAMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application filed u/S. 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the order dated 23-8-1997 passed by the Judicial Magistrate, Ist Class, Danapur in Case No. 127(c)/96 taking cognizance of the offence under Ss. 148 and 379 of the Indian Penal Code against the petitioners in the aforesaid case filed by the complainant-opposite party No. 2.

(2.) The opposite party No. 2, Md. Sajid Hussain lodged a petition of complaint on 6-4-1996 before the Additional Chief Judicial Magistrate, Danapur alleging, inter alia, that the petitioners on 5-4-1996 removed paddy from the land. The prosecution case is that the opposite party No. 2 had grown Masur crop in the field in question and on the aforesaid date when he had gone to the field along with other persons for harvesting crop, he found that the accused persons were taken crop after cutting it from the land bearing plot Nos. 673, 671 and 669 of village Sharfuddinpur. It was further alleged that on protest by the complainant, the accused persons, who were variously armed, threatened him of assault and, therefore, complainant fled away from there raising alarm. Further allegation in the complaint petition is that the accused persons had committed the said offence out of enimity and earlier also the accused persons had committed some offence in respect of crop of the same land and a case is still pending in Court.

(3.) It appears that the complaint-opposite party No. 2 was examined on solemn affirmation on 8-4-1996 and thereafter during enquiry one more witness was examined. The learned Magistrate on the basis of the allegations made in the complaint petition and evidence recorded during enquiry, passed the impugned order taking cognizance of the offence u/Ss. 148 and 379, I.P.C.